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ciRcvr  ^  R 


THE   GENERAL    LAND  OFFICE, 


THE  MANNER  OF  PROCEEDING 


OBTAIN    TITLE   TO   PUBLIC    LANDS   UXDK  '\^X'RE- 

EMPTIOX,  TTOMESTEAD,  TIMBER  ((1 

^vn  OTTTFn  LAWS. 


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ISSUED   SEPTEMBER  1,  1870. 


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CIRCULAR 


THE   GENERAL   LAND  OFFICE, 


SHOWING 


THE  MANNER  OF  PROCEEDING 


TO 


OBTAIN  TITLE  TO   PUBLIC   LANDS   UNDER   THE  PRE- 
EMPTION, HOMESTEAD,  TIMBER  CULTURE, 
AND  OTHER  LAWS. 


ISSUED  SEPTEMBER  1,  1879. 


WASHINGTON: 

GOVERNMENT  PRINTING  OFFICK. 

1879. 


BMciohLOmor 


INDEX. 

General  Circular  of  September  1,  1870. 


Paob. 

\jVctiiiil  settler  has  t\  preforence  right  to  entor— as  against  whom 14 

k   AdcUtionnl  and  new  homestead  entries  within  railroad  limits 16,17 

Additional  homestead  entries  for  soldiers  and  sailors 19,20 

.     Adjoining  farm  homesteads 15, 1(1 

Appeals  from  decisions  of  Commissioner. 36,37 

\  App»Mils  ft-om  decisions  of  registers  and  receivers 35,36 

Hiank  forms  In  cjish  entries 70 

^  Hhink  forms  In  desert-land  entries 86-©l 

\    Bmnk  forms  In  homestead  entries 75-85 

^    Blank  forms  In  pre-emption  entries. 71-74 

Blank  forms  in  timber-culture  entries 85,86 

Bounty  land  warrants 6,7 

Ci\«h  entries  at  ordinary  private  sale 6 

Claims  of  widows  and  minor  orphan  children  for  homesteads 13, 18 

ommlsslons  allowed  to  registers  and  receivers . 21,22 

Commutation  of  homestead  entries 15 

Contests  of  homestead  and  timber-culture  entries 14,25 

I.  Credit  for  services  during  the  late  war. _ __ _.._   17, 18 

'     Declamtory  statements— homestead 18 

Declaratory  statements— pre-emption 8,  9 

Desert-land  entries 27-29 

Duties  of  registers  and  receivers 37,38 

Entries  In  Ohio,  Indiana,  and  Illinois 22,25 

Fees  for  reducing  testimony  to  writing  In  contested  cases. 40 

Fees  in  homestead  entries 18,  21,  22 

Fees  In  pre-emptions 39 

Final  pn>of 11,12,13 

y   <;ra««hopper  extension  laws.. _ 9,10 

,     Heirs  of  deceased  homestead  parties _ 13 

i    Homestead  entries 10 

4    Indian  homesteads 20,  21 

r.and-warnuit  locations 6,7 

Lantl  warrants  are  not  issued  for  services  in  late  war 7 

'     Votlcos  In  contests— how  served 14 

ily  States  and  Territories  containing  public  lands 5 

i"  rjury— how  punished 57 

Pre-emption  filings  and  entries 8,9,  10 

Publication  of  Intention  to  make  llnal  proof 10,12,13 

*    Receiving  Illegal  fees— ])enalty 88 

w    Registers  liability  for  giving  fiUse  Information,  &c 41 

I    Relln<|ulshments  of  entries. 14, 17 

Returns  from  district  land  officers 87,88 

RevlMul  Statutes  In  reference  to  homesteads 48 

Revls<'«l  Statutes  in  reference  to  pre-emptions ,>^ ^ 41 

Ballne  lands .._ j 29,80 

Soldiers  and  sailors'  homestetid  entries 17,18,19,20 

^  Stone  and  timber  lands 84,  ?5 

'  1  mber-oulture  entries ^—...^ ... ^. 23U-i7 

•wn-slte  entries . ^ .^ .^ 80-84 

^    4.  nited  SUites  land  ofllces 9B 

(3) 


I 


CIRCULAR 


DEPARTMENT  OF  THE  INTERIOR, 

General  Land  Office, 

Washington,  D.  C,  Septembei- 1,  1S79, 

The  following  is  communicated  in  reference  to  the  manner  of  acquiring 
title  to  the  public  lands  under  different  laws  of  Congress: 

The  public  lands  referred  to  are  included  only  ^within  the  States  of  Ala- 
l);una,  Arkansas,  California,  Colorado,  Florida,  Illinois,  Indiana,  Iowa, 
Kansas,  Louisiana,  Michigan,  Minnesota,  Mississippi,  Missouri,  Nebraska, 
Nevada,  Ohio,  Oregon,  AVisconsin,  and  the  Territories  of  Arizona,  Dakota, 
Idaho,  Montana,  New  Mexico,  Utah,  Washington,  and  Wyoming.  These 
States  and  Territories,  with  the  exception  of  Ohio,  Indiana,  and  Illinois 
arc  divided  into  land  districts,  in  each  of  which  there  is  a  land  office  estab- 
lishe<l  by  law,  with  a  register  and  a  receiver  in  attendance  for  the  sale  or 
other  dLsi)osal  of  the  public  lands  therein.  See  sections  2234  to  2247  of 
the  Revised  Statutes  of  the  United  Stales,  copies  hereto  attached.  No.  1 ; 
also  list  of  land  offices,  on  last  page.  Parties  so  desiring  may  <^l)tain  at 
these  offices  any  proper  information  regarding  vacant  public  lands. 

Of  agricultural  public  lands  there  are  two^dasses:  the  one  class  at  $1.25 
per  acre,  which  is  designated  as  minimum,  and  the  other  at  $2.50  per  acre, 
or  double  minimum. 

Title  may  be  acquired  by  purchase  at  public  sale,  or  by  ordinary  "private 
entry,"  and  in  virtue  of  the  pre-emption,  homestead,  timber-culture,  and 
other  laws. 

BY  PURCHASE  AT  PUBLIC  SALE. 

TIlis  may  be  done  where  lands  are  "offered"  at  public  auction  to  the 
highent  bidder,  either  pursuant  to  proclamation  by  the  President  or  public 
notice  given,  in  accordance  with  directions  from  tlie'Greneral  Land  Office. 

BY   "  PRIVATE    ENTRY  "   OR   IX>CATION. 

Tile  huuls  liable  to  dLs|)osal  in  tliis  manner  are  those  which  have  been 
offiired  at  public  sale,  which  were  not  tlien  sold,  and  which  have  not  since 
been  reserved  or  otherwise  withdrawn  from  market.  In  this  cbtss  of 
offi'red  and  unreserved  public  lands  the  following  steps  may  Ik?  tiiken  to 
acquire  title : 

(5) 


CASH  PURCHASES. 

The  applicant  will  first  present  a  written  application  to  the  register  for 
the  district  in  which  the  land  desired  is  situated,  describing  the  tract  he 
wishes  to  purchase,  giving  its  area,  form  No.  14.  Thereupon  the  register, 
if  the  tract  is  vacant,  will  so  certify  to  the  receiver,  stating  the  price,  and 
the  applicant  must  then  pay  the  amount  of  the  purchase  money. 

The  receiver  will  then  issue  his  receipt  for  the  money  paid,  in  duplicate, 
giving  to  the  purchaser  a  duplicate  receipt,  form  No.  15.  The  register 
will  then  issue  his  certificate  of  pui'chase,  form  No.  16.  At  the  close  of 
the  month  the  register  and  receiver  Avill  make  returns  of  the  sale  to  the 
General  Land  Office,  from  which,  when  the  proceedings  are  found  regular, 
a  patent  or  complete  title  will  be  issued ;  and  on  surrender  of  the  duplicate 
receipt  such  patent  will  be  delivered,  at  the  option  of  the  patentee,  either 
by  the  Commissioner  at  Washington  or  by  the  register  at  the  district  land 
office. 

When  patents  are  ready  for  delivery,  they  will  in  all  cases  be  transmitted 
to  the  local  office  where  the  location  or  entry  was  made,  where  they  can  be 
obtained  by  the  party  entitled  thereto,  upon  surrender  of  the  duplicate 
receipt,  or  certificate,  as  the  case  may  be;  unless  tlie  duplicate  shall  have 
been  previously  filed  in  this  office  Avith  a  request  that  the  patent  be  deliv- 
ered as  requested  by  the  person  sending  the  same;  and  in  no  case  will  the 
patent  be  delivered  either  from  this  or  the  local  office  except  upon  receipt 
of  such  duplicate,  or,  in  case  of  its  loss  from  any  cause,  upon  the  filing  in 
lieu  of  the  same  an  affidavit  made  by  the  present  bona  fide  owner  of  the 
land,  accounting  for  the  loss  of  the  same,  and  also  showing  owneFship  of 
the  tracts  or  a  portion  thereof  embraced  in  the  patent. 

In  case  the  duplicate  has  been  duly  assigned  by  the  locator,  by  a  valid 
transfer  in  accordance  Avith  the  laws  governing  transfer  of  realty  in  the 
State  where  the  land  is  situated,  such  assignment  will  be  recognized  by 
this  office  and  patent  issued  accordingly,  provided  the  duplicate  with  the 
assignment  thereon  shall  be  filed  in  this  office  prior  to  the  issuing  of  patent . 
but  in  no  case  will  a  patent  be  canceled  for  the  purpose  of  making  a  reissue 
in  the  name  of  the  assignee,  where  such  assignment  is  not  in  possession  of 
the  office  prior  to  date  of  the  patent.  Transfers  of  this  kind  must  in  all 
cases  comply  strictly  with  the  law  of  the  place,  and  if  the  assignor  be  a 
married  man,  and  the  statute  requires  the  wife  to  join  in  the  deed,  it  must 
be  complied  with,  and  in  case  of  failure  in  this  or  other  vital  point  the 
patent  will  follow  strictly  the  recital  of  the  certificate  and  issue  only  in 
name  of  the  original  purchaser. 


2 


LOCATIONS    WITH   WARRANTS. 

Application  must  be  made  as  in  cash  cases,  but  must  be  accompanied  by 
a  warrant  duly  assigned  as  the  consideration  for  the  land;  yet  where  the 


tract  is  $2.50  per  acre,  the  party,  in  addition  to  the  surrendered  warranty 
must  pay  in  cash  SI. 25  ]>er  acre,  as  the  wan-ant  is  in  satisfaction  of  only 
so  many  acres  at  §1.25  per  acre,  or  furnisli  a  warrant  of  sucli  denomination 
as  will,  at  the  legid  value  of  $1.25  per  acre,  cover  the  rated  price  of  the 
land.  For  example:  a  tract  of  40  acres  of  land,  held  at  $2.50  i>er  acre, 
can  be  paid  for  with  a  warrant  calling  for  40  acres  and  the  payment  of  $50 
in  cash,  or  hy  surrendering  an  eighty-acre  warrant  for  the  same — the  40 
acres  to  l)e  in  full  satisfaction  for  the  said  location.  Or  a  tract  of  80  acres, 
mted  at  §2.50  per  acre,  can  l^e  paid  for  by  the  surrender  of  two  eighty-acre 
warrants.  If  there  is  a  small  excess  in  the  area  of  the  tract  over  the  quan- 
tity called  for  on  the  face  of  the  warrant  in  any  case,  such  excess  may  be 
paid  for  in  money. 

A  duplicate  certificate  of  location  will  then  be  furnished  the  party,  to  be 
held  until  the  patent  is  delivered,  as  in  cases  of  cash  sales. 

The  following  fees  are  chargeable  by  the  land  officers,  and  the  several 
amounts  must  he  paid  at  the  time  of  location: 

For  a    40-acre  warrant.  50  cents  each  to  the  register  and  receiver — total,  $1.00. 

For  a    60-acre  warrant,  75  cents         "                "                    "              "        1.50. 

For  an  80-acre  warrant,  $1.00              "               "                   "             "       2.00. 

For  a  120-acre  warrant,  $1.50              "                "                    "              "        3.00. 

For  a  IGO-acre  warrant,  $2.00              "                "                   "             "       4.00. 

The  above  has  reference  to  certain  warrants  issued  under  the  act  of  Con- 
gress of  March  3,  1855,  and  previous  acts,  giving  public  land  as  a  bounty 
for  military  services  rendered  prior  to  the  passage  of  the  acts  in  former 
wars  of  the  Republic.  The  lx)unties  given  by  law  for  militiiry  services  in 
tlie  late  civil  war  were  not  given  in  landj  but  in  money.  The  only  priv- 
ileiivs  granted  to  soMiers  and  sailors  on  account  of  military  services  rendered 
by  them  during  the  late  civil  war,  in  connection  with  the  public  lands,  are 
provided  for  in  sections  2304  to  2309  of  the  Revised  Statutes,  (copies 
attached,  No.  1,)  allowing  homestead  entries  to  be  made  by  them  on  con- 
dition of  residence  on  the  entered  tracts,  with  cultivation  of  the  soil,  for  a 
prescribed  period. 

AORICULTURAL-CX)LLEGE  SCRIP. 

This  scrip  may  1x3  used — 

Fin<t.  In  the  location  of  himl  at  '"j/rindr  ( ndij,'  luii  wlu'u  so  used  is 
only  applicjible  to  lands  not  mineml  which  may  be  subject  to  private  entr\' 
at  $1.25  per  acre,  and  is  restricted  to  a  technical  ^'quarter  8€cii<m" — that 
is,  land  embraced  by  the  fjuarter-sec'tion  lines  indi(rate<l  on  the  official  plats 
of  survey;  or  it  may  be  lo(«te<l  on  a  part  of  a  ** quarter  section,"  where 
such  jMirt  is  taken  as  in  full  for  a  quarter;  but  it  cannot  be  applied  to 
different  sulxlivisions  to  make  an  area  equivalent  to  a  quarter  section. 
The  inamierof  pn>e<»(vlinL''  to  acquire  title  with  this  class  of  paper  is  the 


8 

same  as  in  cash  aud  warrant  cases,  the  fees  to  be  paid  being  the  same  as 
on  warrants.  The  location  of  this  scrip  at  private  entry  is  restricted  to 
three  sections  in  each  township  of  land,  and  one  million  acres  in  any  one 
State. 

Second.  In  payment  of  pre-emption  claims,  in  the  same  manner  and* 
under  the  same  rules  and  regulations  as  govern  the  application  to  pre-emp- 
tions of  military  land  warrants ;  this,  too,  without  regard  to  the  limitation 
as  to  the  quantity  located  in  a  township  or  in  any  State.  * 

Third.  In  payment  for  homesteads  commuted  under  section  2301  of  the 
Revised  Statutes  of  the  United  States,  (copy  attaclied.) 

PRE-EMPTIONS    ADMISSIBLE    TO    THE    EXTENT    OF    ONE    QUARTER    SEC- 
TION,   OR   ONE   HUNDRED   AND   SIXTY   ACRES. 

These  are  admitted  under  sections  2257  to  2288  of  the  Revised  Statutes 
of  the  United  States,  copies  of  which  sections  are  hereto  attached,  upon 
'^offered"  and  "unoifered^^  lands,  and  upon  any  of  the  uiisurveyed  lands 
belonging  to  the  United  States  to  which  the  Indian  title  is  extinguished, 
although  in  the  case  of  unsurveyed  lands  no  definite  proceedings  can  be  had 
as  to  the  completion  of  the  title  until  after  the  surveys  shall  have  been 
extended  and  officially  returned  to  the  district  land  office. 

The  pre-emption  privilege  is  restricted  to  heads  of  families,  widows,  or 
single  persons  over  the  age  of  twenty-one,  who  are  citizens  of  the  United 
States,  or  who  have  declared  their  intention  to  become  citizens,  as  required 
by  the  naturalization  laws.  This  does  not  include  Indians,  except  such  as 
have  ceased  their  tribal  relations  and  been  declared  citizens  by-treaties  or 
acts  of  Congress. 

The  right  of  pre-emption,  formerly  extended  by  act  of  Congress  of 
March  3,  1853,  for  one  quarter  section,  or  160  acres,  at  the  price  of  $2.50 
per  acre,  to  the  alternate  United  States  or  reserved  sections  along  the  line 
of  railroads,  is  continued  by  the  Revised  Statutes,  sections  2257,  2259,  and 
2279. 

Section  2281  thereof  protects  the  rights  of  settlers  on  sections  along  the 
line  of  railroads  where  settlements  existed  prior  to  withdrawal,  and  in  such 
cases  allows  the  land  to  be  taken  by  the  pre-emptors  at  $1.25  per  acre,  but 
requires  that  they  shall  file  the  proper  notices  of  their  claims  and  make 
proof  and  payment,  as  in  other  cases. 

Where  the  tract  is  "  offered  "  land,  the  party  must  file  with  the  district 
land  office  his  declaratory  statement  as  to  the  fact  of  his  settlement  within 
thirty  days  from  the  date  of  said  settlement,  form  No.  19,  and  within  one 
year  from  date  of  settlement  must  appear  before  the  register  and  receiver 
and  make  proof  of  his  actual  residence  on,  and  cultivation  of,  the  tract,  and 
secure  the  same  by  paying  cash,  or  locating  thereon  military  bounty-land 
warrants  or  agricultural-college  scrip,  according  to  law;  or  private-claim 


9 

scrip  may  now  be  used,  under  act  of  Congress  of  January  28,  1879,  (copy 
atUuhed,  No.  10.) 

Where  the  tract  hits  been  surveyed  and  not  offereil  at  public  sale,  the 
claimant  must  file  his  declaratory  statement  within  three  months  from  date 
of  settlement,  form  No.  18,  and  make  proof  and  payment  within  thirty 
months  after  the  expiration  of  the  three  montli«^  allowwl  for  filing  his 
<leclai*atory  notic-e,or,  in  other  words,  within  thirty-three  months  from  date 
of  settlement;— -forms  Nos.  20,  21,  and  22. 

Where  settlements  are  made  on  unsurvei/ed  laii(l>,  setiler.s  are  re(|uire<i, 
within  three  months  after  the  date  of  the  receipt  at  the  district  land  ollice 
of  the  approved  plat  of  the  township  embracing  their  claims,  to  file  their 
declaratory  stiitement  with  the  register  of  the  proj)er  land  office,  form  No. 
18,  and  thereafter  to  make  proof  ajid  payment  for  the  tract  within  thirty 
months  from  the  expiration  of  said  three  months; — forms  Nos.  20,  21, 
and  22. 

When  two  or  more  settlei*s  on  unsurvcyed  land  are  found  upon  survey 
to  be  residing  upon,  or  to  have  valuable  improvements  upon,  the  same 
smallest  legal  subdivision,  they  may  make  jomt  entry  of  such  titict,  and 
separate  entries  of  the  residue  of  their  claims.  This  joint  entry  may  Ije 
made  in  pursuance  of  contract  betwwn  the  parties,  or  without  it.  (Revised 
Statutes,  see.  2274.) 

Should  the  settler  in  either  of  the  atore.said  cases  dio  Ix'fore  establishing 
his  claim  within  the  jx-ricKl  limitetl  by  law,  the  title  may  be  perfecti'tl  by 
the  executor,  administrator,  or  one  of  the  heii's,  by  making  the  requisite 
pr<K)f  of  settlement  and  paying  for  the  land;  the  entry  to  Ix?  made  in  the 
name  of  "the  heirs"  of  the  decea.sed  settler;  and  the  patent  will  be  issued 
accordingly.  The  legal  representatives  of  the  deceased  pre-emptor  are 
€ntitled  to  make  the  entry  at  any  time  within  the  i)eriod  during  which  the 
pre-emptor  would  have  Wn  entitled  Uy  do  so  had  he  lived. 

Section  2261  of  the  Revised  Statutes  prohibits  the  second  filing  of  a 

declaratory  statement  by  any  pre-emptor  qualified  at  the  date  of  his  first 

filing,  when;  said  filing  has  been  in  all  resi)ects  legal.     Where  the  first  filing, 

however,  is  illegal  from  any  cause,  not  the  willful  act  of  the  party,  he  luw 

lie  right  to  make  a  second  and  legal  filing. 

In  the  first  section  of  the  act  of  Gmgress  of  July  1,  ls71>.  riitiil(<l  ^'An 
id  for  the  relief  of  settlers  cm  Uie  puUir  Idmis  in  dit<trirf,s  tiuf/jtrt  to  y/v/xv- 
hopper  incursions f**  it  is  provided — 

That  it  shall  be  lawful  for  home«u>ad  and  pn>emption  tettlert  on  the  public  lands,  and  in 
all  cai»»^  where  pre-emptions  are  authorized  by  law,  where  crops  have  been  or  maj  be  deatrojed 
or  8erioiiMly  injured  bj  graashoppem,  to  leave  and  Im*  abnent  from  aaid  lands,  under  such  rules 
Hiid  ri^iilations,  as  to  proof  of  the  same,  as  the  Commissioner  of  the  General  Land  Office  nhall 
prt'orribf  ;  but  in  no  case  shall  such  absence  extend  bevond  one  year  continuously ;  and  during 
Miich  niMtence  no  adverse  right*  nhall  attach  to  Raid  lands,  such  settlers  being  allowed  to  rt«ume 
and  |>erfect  their  settlement  as  though  no  such  absence  hail  occurred. 


10 

And  in  its  second  section  it  is  provided — 

That  the  time  for  making  final  proof  and  payment  by  pve-emptors  whose  crops  shall  have 
been  destroyed  or  injured  as  aforesaid,  may,  in  the  discretion  of  the  Commissioner  of  the  Gen- 
eral Land  Office,  be  extended  for  one  year  after  the  expiration  of  the  term  of  absence  provided 
for  in  the  first  section  of  this  act;  and  all  the  rights  and  privileges  extended  by  this  act  ta 
.homestead  and  pre-emption  settlers  shall  apply  to  and  include  the  settlers  under  an  act  enti- 
tled ''An  act  to  encourage  the  gi'owth  of  timber  on  western  prairies"  approved  March  third, 
eighteen  hundred  and  seventy-three,  and  the  acts  amendatory  thereof. 

The  proof  required  in  the  first  section  of  said  act  may  consist  of  the  affi- 
davit of  the  claimant,  giving  the  particulars  of  the  alleged  destruction  or 
serious  injury  of  crops  by  grasshoppers,  and  the  affidavits  of  two  or  more 
witnesses  corroborative  thereof,  and  should  be  submitted  at  time  of  making 
final  proof  through  the  register  and  receiver  of  the  proper  district  land 
office.  The  particulars  given  should  be  such  as  to  admit  of  a  decision 
whether  the  absence  w^as  justified  by  law  or  not,  and  should  of  course  indi- 
cate at  .what  time  the  party  left  the  land  and  when  he  resumed  his  settle- 
ment. 

Written  notice  of  intended  absence,  signed  by  the  party,  should  be  filed 
with  the  register  and  receiver  when  he  leaves  his  claim,  and  be  noted  on 
the  tract-books;  this  for  the  protection  of  the  claimant,  and  as  notice  to 
those  who  might  otherwise  make  settlement  and  attempt  to  obtain  title. 

Claimants  desiring  the  extension  of  time  provided  for  in  the  second  sec- 
tion of  said  act  may  apply  therefor  through  the  same  officers,  the  application 
to  be  supported  by  the  same  character  of  proof.  The  affidavits  required  in 
cases  under  said  act,  as  before  indicated,  may  be  made  before  any  officer 
using  a  seal  and  authorized  to  administer  oaths,  or  before  the  register  or 
receiver  of  the  district  land  office. 

Before  final  proof  is  made  on  pre-emption  claims  and  entry  allowed,  it 
is  necessary  that  public  notice  be  given  under  the  act  of  Congress  of  March 
3,  1879,  as  pointed  out  with  regard  to  homestead  claims  under  the  next 
succeeding  title. 

LAWS   EXTEXDIXG   THE    HOMESTEAD    PRIVILEGE. 

The  laws  extending  the  homestead  privilege,  embraced  in  sections  2289 
to  2312  of  the  Revised  Statutes,  (copies  attached,)  give  to  every  citizen, 
and  to  those  who  have  declared  their  intention  to  become  citizens,  the  right^ 
to  a  homestead  on  surveyed  lands.     This  right  was  limited  by  section  2289 
of  the  Revised  Statutes,  as  the  maximum  quantity,  to  160  acres  of  the  class 
of  ordinary  public  lands  held  by  law  at  $1.25  per  acre,  when  disposed  of  to 
cash  purchasers,  or  80  acres  of  the  class  of  lands  embraced  in  the  alternate  sec-  j 
tions,  along  the  lines  of  railroads  or  other  works  of  internal  improvement,,  i 
reserved  to  the  United  States  in  acts  of  Congress  making  grants  of  land  in  aid 
of  the  construction  of  such  works,  and  the  price  thereof  increased  to  $2.50  per 
acre.     By  act  of  Congress  of  March  3, 1879,  (copy  attached.  No.  11,)  it  was 


11 

enact«l  that  from  and  after  its  i^assage  "the  even  sections  within  the  limits 
of  any  jrrant  of  public  lands  to  any  railroatl  company,  or  to  any  military 
road  compimy,  or  to  any  State  in  aid  of  any  railroad  or  militarj'  road,  shall 
be  oiH'n  to  settlers  under  the  homestead  laws  to  tlic  extent  of  one  hundred 
and  sixty  acres  to  etich  settler,"  thus  doing  away  in  this  class  of  entries 
with  the  distinction  between  ordinary  miniinnnn  and  double  minimum 
lands,  or  lands  held  at  §1.25  per  acre  and  lands  held  at  ?2.50  per  acre, 
which  had  existed  under  section  2289  of  the  Revised  Statutes  of  the  United 
States,  so  far  as  the  double  minimum  lands  may  l)e  found  in  even  sections 
within  the  limits  of  land  grants  for  railroads  or  military  roads.  These 
provisions  did  not  extend  so  as  to  embrace  any  double  minimum  lands  in 
odd  numbered  sections,  or  in  the  limits  of  grants  for  any  other  description 
of  public  works.  By  act  of  July  1,  1879,  (copy  attached.  No.  12,)  the 
same  provisions  were  extended  to  the  odd  sections  in  the  States  of  MiKsouri 
and  Arkansa*?,  where  the  odd  sections  were  reserved  to  the  United  States, 
the  price  of  the  lands  therein  enhanced,  and  the  even  sections  granted  for 
the  purposes  of  improvement.  Both  acts  are  inoperative  in  any  case  where 
the  even  sections  are  granted,  the  odd  being  reserved,  and  not  within  the 
States  of  ^lissouri  and  Arkansas,  as  in  Alabama  and  Mississippi. 

To  obtain  a  homestead  the  party  must,  in  connection  with  his  applica- 
tion, form  No.  23,  make  an  affidavit,  form  No.  24,  before  the  register  or 
receiver,  that  he  is  over  the  age  of  twenty-one,  or  the  head  of  a  family; 
tliat  he  is  a  citizen  of  the  United  States,  or  has  declared  his  intenticm  to 
become  such ;  and  that  the  entry  is  made  for  his  exclusive  use  and  benefit, 
and  for  actual  settlement  and  cultivation;  and  must  pay  the  legal  fee  and 
that  part  of  the  wmmis^ions  which  is  payable  when  the  entry  is  made,  as 
given  in  tables  on  pages  21,  22. 

Where  the  applicjmt  has  made  actual  settlement  on  the  land  he  desires 
t(»  enter,  but  is  prevented  by  reason  of  IxkHIv  infirmity,  distancx*,  or  other 
g(KKl  (luise,  from  pei-sonal  attendance  at  the  district  landofficv,  tiie  affidavit 
may  be  made  before  the  clerk  of  the  court  for  the  county  within  which  the 
land  is  situate<l,  under  section  2294  of  tlie  Kcvised  Statutes. 

On  compliance  by  the  party  with  the  foregoing  requirements,  the  receiver 

ill  issue  his  receipt  for  the  fee  and  that  part  of  the  commissions  j>aid,form 
No.  25,  a  dupliaiteof  which  he  will  deliver  to  the  party.  The  matter  will 
then  be  entered  on  the  records  of  the  (li-tri«t  offirc  and  rc|)ortiHl  to  the 
Creneral  I^md  OiKce. 

An  inceptive  right  is  vested  in  the  settler  by  such  priK-ecflings,  and  U|K)n 
i.iithful  ol)servanee  of  the  law  in  regard  to  settlement  and  cultivation  for 
the  continuous  term  of  five  years,  and  at  the  expiration  of  that  time,  or 
N\  ithin  two  years  thereafter,  u|K)n  proper  proof  to  the  satisfaction  of  the 
land  officers,  forms  Nos.  30.  31,  and  32,  and  payment  to  the  receiver  of 
that  part  of  tlie  commissions  remaining  to  be  paid,  as  given  in  tables  on 


12 

pages  21,  22,  the  receiver  issuing  his  receipt  therefor,  the  register  will  issue 
his  certificate,  forms  Nos.  33  and  34,  and  make  proper  returns  to  this  office 
as  the  basis  of  a  patent  or  complete  title  for  the  homestead.  Reference  is 
here  made  to  the  provisions  of  the  act  of  Congress  of  July  1,  1879,  as 
given  above,  in  regard  to  cases  in  which  crops  may  be  destroyed  or  seri- 
ously injured  by  grasshoppers,  the  same  being  applicable  to  homestead  claims  _ 
in  like  manner  as  to  pre-emptions.  I 

Note. — The  law  is  specific  in  requiring  final  proof  to  be  made  within  tivo  years  after  the 
expiration  of  the  five  years. 

Under  the  act  of  Congress  of  March  3,  1879,  copy  attached,  No.  13, 
any  settler  desiring  to  make  final  proof  must  first  file  with  the  register  of 
the  proper  land  office  a  written  notice  of  his  intention  to  do  so.  Such  notice 
must  describe  the  land  claimed,  and  the  claimant  must  give  the  names  and 
residences  of  the  witnesses  by  whom  the  necessary  facts  as  to  settlement, 
residence,  cultivation,  etc.,  are  to  be  established.     (See  Form  No.  26.) 

The  filing  of  such  notice  must  be  accompanied  by  a  deposit  of  sufficient 
money  to  pay  the  cost  of  publishing  the  notice  to  be  given  by  the  register. 

Upon  the  filing  of  the  notice  by  the  applicant,  the  register  shall  publish 
a  notice  of  such  aj^plication  once  each  week  for  a  period  of  thirty  days,  in 
a  newspaper  which  he  shall  designate,  by  an  order  written  on  said  applica- 
tion, as  published  nearest  the  land  described  in  the  application,  and  he  shall 
also  post  said  notice  in  some  conspicuous  place  in  his  office  for  the  same 
period.  A  compliance  with  the  law  will  require  the  notice  to  be  published 
weekly  five  times,  because  four  weekly  publications  would  not  cover  a 
period  of  thirty  days. 

The  notice  to  be  given  by  the  register  must  state  that  application  to  make 
final  proof  has  been  filed ;  the  name  of  the  applicant ;  the  kind  of  entry, 
whether  homestead  or  pre-emption ;  a  description  of  the  land,  and  the  names 
and  residences  of  the  witnesses  as  stated  in  the  application.  (See  Form 
No.  27.) 

To  save  expense,  the  register  may  embrace  two  or  more  cases  in  one  pub- 
lication, when  it  can  be  done  consistently  with  the  legal  requirements  of 
publication,  in  a  newspaper  published  nearest  the  land,  as  per  attached 
form  No.  28. 

When  proof  is  filed  that  notice  has  been  given  in  the  manner  and  for 
the  time  required  by  said  act  of  Congress,  the  applicant  will  be  entitled  to 
make  final  proof  as  provided  by  the  laws  in  force  at  the  date  of  the  approval 
of  said  act. 

The  proof  that  requisit-e  notice  has  been  given  will  be  the  certificate  of 
the  register  that  the  notice  of  the  application  (a  copy  of  which  should  be 
annexed  to  the  certificate)  was  posted  by  him  in  a  conspicuous  place  in  his 
office  for  a  period  of  thirty  days ;  and  the  affidavit  of  the  publisher  or  fore- 
man of  the  newspaper  that  the  notice  (a  copy  of  which  notice  must  be 


I 


13 

annexed  to  the  affidavit)  was  published  in  said  ne\v?pai>er  once  each  week 
for  five  successive  week>. 

The  proof  of  the  publiraiion  and  |)o.sting  of  the  notice  must  Ik*  filed  and 
prestTveil  by  the  register,  to  Ix?  forwarded  to  tliis  office  with  the  final 
papers  when  issued. 

In  making  final  pnMif,  the  homestead  i)arty  may  apjiear  in  person  at  the 
district  land  office,  with  his  witnesses,  and  there  make  the  affidavit  and 
proof  required  in  support  of'  his  claim ;  or  he  may  proceed  under  the  act 
of  March  3,  1877,  (copy  attached.  No.  2.)  This  prescribes  that  the  jwrty 
desiring  to  avail  himself  thereof  must  appear  with  his  witnesses  before  the 
judge  of  a  court  of  record  of  the  county  and  State,  or  district  and  Territoiy, 
in  which  the  land  is  situated,  and  there  make  the  final  proof  required  by 
law,  according  to  the  forms  prescribed,  Nos.  30,  31,  and  32;  which  proof, 
duly  authenticate<l  by  the  court  seal,  is  required  to  be  transmitted  by  the 
judge,  or  the  clerk  of  the  court,  to  the  register  and  receiver,  together  with 
the  fee  and  charges  allowed  by  law.  See  3d,  10th,  and  12th  8ub-<livisions 
of  section  2238  of  the  Revised  Statutes  of  the  United  States,  (copy  attached.) 

The  judge  being  al^sent  in  any  case,  the  proof  may  be  made  before  the 
clerk  of  the  proj>er  court.  The  fact  of  the  absence  of  the  judge  nuist  l)e 
♦  crtified  in  the  papers  by  the  clerk  acting  in  his  place. 

If  the  land  in  any  case  is  situated  in  an  unorganized  county,  the  statute 
provides  that  the  party  may  proceed  to  make  the  proof  in  the  manner  indi- 
cateil  in  any  adjacent  county  in  the  State  or  Territory.  The  fact  that  the 
county  in  which  the  land  lies  is  unorganized,  and  that  the  county  in  which 
the  proof  is  made  is  adjacent  thereto,  must  be  certified  by  the  officer. 

In  any  case  where  the  final  proof  shall  be  transmitted  to  the  register  and 
receiver,  as  contemplated  in  this  act,  and  the  full  amount  of  money  due 
shall  be  paid,  they  will  carefully  examine  the  proof,  and,  if  no  objection 
appears,  proc*»ed  to  issue  the  receipt  and  certificate  in  the  case,  and  make 
proper  returns  to  this  office  as  the  basis  of  a  patent  or  complete  title  for 
the  homestead,  pursuant  to  existing  laws.  If  any  objection  appears,  they 
will  promptly  notify  the  party  and  advise  him  of  his  rights  in  the  matter. 

Where  a  homestead  settler  dies  before  the  consummation  of  his  claim, 
the  widow,  or  in  case  of  her  death  the  heirs,  may  continue  settlement  or 
cultivation,  and  obtain  title  uj)on  requisite  proof  at  the  proper  time.  If 
the  widow  i)roves  up,  the  title  passes  to  her;  if  she  dies  Ixifore  proving  up 
and  the  heirs  make  the  j)roof,  the  title  will  vest  in  them. 

Where  both  parents  die,  leaving  infant  children,  the  homestead  may  be 
sold  for  cash  for  the  benefit  of  such  children,  and  the  purchaser  will  receive 
title  from  the  Unite<l  States ;  or  the  patent  will  issue  to  the  infants  on  proof 
of  settlement  or  cultivation  for  the  prescrilKKl  jHjriod. 

The  sale  of  a  homestead  claim  by  the  settler  to  another  party  before  com- 
pletion of  title  is  lint  rrnMj-iiI/iMl  ]>v  till-  (>f1*nr.  :iiul  vests  no  title  or  c<juiti(S 


14 

in  the  purchaser.  In  making  final  proof,  the  settler  is  by  law  required  to 
swear  that  no  part  of  the  land  has  been  alienated,  except  as  provided  in 
section  2288  of  the  Revised  Statutes,  for  church,  cemetery  or  school  pur- 
poses, or  the  right  of  way  of  railroads. 

A  party  may  relinquish  his  claim,  but  on  his  doing  so  the  land  reverts 
to  the  Government,  The  party  so  desiring  should  surrender  the  duplicate 
receipt  issued  for  the  entry,  with  his  written  relinquishment  of  the  same 
indorsed  thereon,  to  the  register  and  receiver  of  the  proper  district  land 
office.  If  the  duplicate  receipt  has  been  lost,  he  should  submit  to  those 
officers  a  written  relinquishment  of  the  entry,  in  which  he  should  state  the 
fact  of  the  loss  of  the  duplicate  receipt,  and  which  should  be  duly  signed 
and  acknowledged.  The  register  and  receiver  will  report  the  relinquish- 
ment, as  any  other  evidence  of  abandonment,  with  their  opinion  thereon, 
for  the  action  of  this  office. 

Where  application  is  made  to  contest  the  validity  of  a  homestead  entry 
on  the  ground  of  abandonment,  the  party  must  file  his  affidavit  with  the 
district  land  officers,  setting  forth  the  allegations  on  which  his  application 
is  founded,  describing  the  tract,  and  giving  the  name  of  the  settler.  Upon 
this  the  officers  will  set  apart  a  day  for  hearing,  giving  all  the  parties  in 
interest  due  notice  of  the  time  and  place  of  trial. 

In  cases  of  inability  to  make  personal  service  of  the  notice,  and  when  it 
becomes  necessary  to  serve  it  by  publication,  the  act  of  Congress  of  June  3, 
1878,  directs  that  the  sama  shall  "be  printed  in  some  newspaper  printed  in 
the  county  where  the  land  in  contest  lies ;  and  if  no  newspaper  be  printed 
in  such  county,  then  in  the  newspaper  printed  in  the  county  nearest  to  such 
land."  After  the  trial,  the  land  officers  will  transmit  the  testimony,  with 
their  joint  report,  for  the  action  of  this  office,  according  to  Rules  of  Practice 
approved  October  9,  1878,  given  in  separate  circular. 

The  expenses  incident  to  such  a  contest  must  be  defrayed  by  the  con- 
testant, and  no  entry  of  the  land  can  be  made  until  the  district  officers  have 
received  notice  from  this  office  of  the  cancellation  of  the  entry  covering 
the  same ;  nor  does  au  informant  obtain  any  privileges  thereby.  Such  per- 
son must,  if  he  desires  the  land,  by  proper  diligence  ascertain  when  notice  of 
cancellation  is  received  by  the  register  and  receiver,  and  then  make  formal 
written  application  for  the  tract ;  the  land,  after  reception  by  said  officers 
of  notice  of  cancellation,  being  always  open  to  the  first  legal  applicant, 
unless  withdrawn  from  entry  by  competent  authority;  but  the  preference 
right  of  a  bona  fide  actual  settler  will  be  recognized  as  against  any  other 
party  seeking  title  to  the  tract  covered  by  his  settlement  under  the  pre- 
emption, homestead,  or  timber-culture  laws,  according  to  the  principles  laid 
down  in  the  decisions  rendered  by  the  United  States  Supreme  Court  in  the 
case  of  Atherton  vs.  Fowler,  96  Otto,  513,  and  the  case  of  Hosmer  vs.  Wal- 
lace, 97  Otto,  575. 


15 

As  tlie  law  allows  hut  one  homestead  privilege,  a  settler  relinquishing  or 
aUuuloning  his  claim  cannot  thereafter  make  a  second  entry;  but  where 
an  entry  is  canceled  as  invalid  for  some  reason  other  than  abandonment, 
and  not  the  willful  act  of  the  party,  he  is  not  thereby  delmrred  from  enter- 
ing again,  if  in  other  respects  entitled,  and  may  be  allowe<l  credit,  for  fees 
and  oomraissions  already  paid,  on  a  new  homestead  entry. 

When  an  individual  has  made  s(»ttlement  on  a  tract  and  tiled  his  pre- 
emption declaration  therefor,  he  may  change  his  filing  into  a  homestead,  if 
he  continues  in  good  faitli  to  comply  with  the  pre-emption  laws  until  the 
change  is  effected;  and  by  an  act  of  Congress  of  May  27,  1878,  (copy 
attached,  No.  3,)  the  time  during  which  the  party  has  resided  upon  and 
ckimed  the  land  as  a  pre-emptor  will  be  credite<l  ui)on  the  jx;riod  of  resi- 
dence and  cultivation  required  under  the  homestead  laws.  In  so  doing  he 
is  retpiired  in  his  first  homestead  affidavit  to  set  forth  the  fact  of  a  pre- 
vious pre-emption  filing,  the  time  of  actual  residence  thereunder,  and  the 
intention  to  claim  the  benefit  of  such  time,  as  provided  for  in  the  act.  In 
making  final  ])roof  on  his  homestead  entry  he  is  required,  in  addition  to 
the  asual  aiiidavit  and  proof,  to  make  the  prescribed  '^pre-emption  home- 
stead affidavit,"  form  No.  38. 

If  the  homestead  settler  does  not  wish  to  remain  five  years  on  his  tract, 
tlic  law  {xn-mits  him  to  pay  for  it  with  cash  or  warrants,  or  agricultural- 

Ilege  scrip,  upon  making  proof  of  settlement  and  cultivation  for  a  period 
of  not  less  than  six  months  from  the  date  of  entry  to  the  time  of  payment; 
or  payment  may  now  be  made  with  private-claim  scrip  under  the  act  of 
January'  28,  1879,  (copy  attached,  No.  10.) 

This  proof  of  actual  settlement  and  cultivation  must  be  the  affidavit  of 
the  party,  made  before  the  district  officers,  in  addition  to  the  testimony 
usual  in  making  final  homestead  proof,  forms  Nos.  31,  32,  and  35. 

There  is  another  class  of  homesteads,  designated  as  ^'adjoining-farm 
homesteiids."  In  these  cases  the  law  allows  an  applicant  oj6-?j/n</ and  resid- 
itig  on  an  orU/laal  farm  to  enter  other  land  lying  contiguous  thereto,  which 
sliall  not,  with  such  farm,  exceed  in  the  aggregate  160  acres.  Thus,  for 
example,  a  party  owning  or  occupying  80  acres  may  enter  80  additional, 
without  regard  to  price,  whether  held  at  $1.25  or  $2.50  per  acre;  or,  if 
owning  40  acres,  he  may  enter  120  acres  additional  of  land  held  at  $1.25 
per  acre,  or  of  land  held  at  $2.50  per  acre,  where  160  acres  is  now  the 
maximum  quantity  of  double  mininuim  land  subject  to  homestead  entr)', 
but  ciuuiot  exceed  the  maxinuim  of  80  acres  where  the  land  pn)i>osed  to  be 
ent3red  is  held  at  $2.50  per  acre,  and  where  80  acres  is  still  the  legal  maxi- 
mum in  reference  to  that  chws  of  lands,  under  se<'tion  2289  of  the  Revised 
Statutes  as  mo<lified  by  the  acts  of  Congress  of  March  3,  1879,  and  July  1, 
1879,  before  mentioned. 

In  applying  for  an  entry  of  tliis  class,  the  party  must  make  affidavit, 


16 

form  No.  36,  describing  the  tract  which  he  owns  and  upon  which  he  resides 
as  his  original  farm.  In  making  final  proof  it  is  not  required  that  he 
should  prove  actual  residence  on  the  separate  tract  entered ;  but  if  he  does 
not,  it  must  appear  from  the  proof  adduced  (forms  Nos.  31,  32,  and  37, 
the  two  former  to  be  modified  to  suit  the  circumstances  of  the  case,)  that 
he  has  continued  for  the  period  required  by  law  to  reside  upon  and  culti- 
vate the  original  farm  tract,  making  use  of  the  entered  tract  as  a  part  of 
the  homestead. 

The  act  of  March  3, 1879,  copy  attached,  No.  1 1,  in  addition  to  the  provis- 
ions already  referred  to,  provides,  First,  that  "any  person  who  has  under 
existing  law^s  taken  a  homestead  or  any  even  section  within  the  Jimits  of 
any  railroad  or  military  road  land  grant,  and  who  by  existing  laws  shall 
have  been  restricted  to  80  acres,  may  enter  under  the  homestead  laws  an 
additional  80  acres  adjoining  the  land  embraced  in  his  original  entry,  if 
such  additional  land  be  subject  to  entry,''  without  payment  of  fees  and 
commissions,  and  that  "the  residence  and  cultivation  of  such  person  upon 
and  of  the  land  embraced  in  his  original  entry  shall  be  considered  residence 
and  cultivation  for  the  same  length  of  time  upon  and  of  the  land  embraced 
in  his  additional  entry,  and  shall  be  deducted  from  the  five  years'  residence 
required  by  law,"  with  the  proviso,  however,  that  in  no  case  shall  patent 
issue  "until  the  person  has  actually,  and  in  conformity  with  the  homestead 
laws,  occupied,  resided  upon,  and  cultivated  the  land"  embraced  in  his 
additional  entry  "at  least  one  year." 

Upon  any  party  proposing  to  enter  an  additional  tract  under  these  pro- 
visions, the  register  and  receiver  will  require  him  to  make  homestead  appli-  i 
cation  and  affidavit  according  to  annexed  forms,  Nos.  39  and  40.     They  I 
will  then,  if  they  find  his  original  entry  to  be  intact  on  their  records,  whether  1 
patented  or  not,  and  if  no  objection  appears  in  any  respect,  allow  the  entry 
applied  for,  note  the  same  on  their  records,  giving  it  the  proper  number  in 
the  regular  homestead  series,  and  report  it  with  their  monthly  homestead! 
returns,  indicating  its  character  as  an  additional  entry  under  said  act  on  the 
margin  of  their  monthly  abstracts,  with  a  reference  to  the  original  entry  by 
its  number  and  the  description  of  the  land.     The  money  cplumns  in  the 
abstracts  will  of  course  be  left  blank,  since  there  will  be  no  fees  and  com 
missions  paid. 

In  this  class  of  entries  the  party,  if  still  resident  on  the  original  entry 
tract,  will  not  be  required  to  remove  therefrom  to  the  additional  entry  tract 
in  order  to  make  a  new  residence  on  the  latter,  as  the  two  forming  one  body 
of  land,  residence  on  either  will  be  regarded  as  satisfying  the  legal  require- 
ment; but  in  making  final  proof  on  the  additional  entry  the  party  must 
show  such  residence,  with  occupancy  and  cultivation  of  the  tract  taken  as 
additional  under  said  act,  for  five  years  from  the  date  of  entry  thereof,  less 
the  time  to  be  deducted  on  account  of  residence  and  cultivation  on  the 
original  entry,  which  shall  not  exceed  four  years  in  any  case. 


17 

Slecond. — Tlie  act  farther  provides  that  slioiild  tlie  person  so  elect  he 

ly,  iiLstead  of  making  an  additional  entry,  "surrender  his  existing  entry 

the  United  States  for  cancellation,  and  thereupon  be  entitled  to  enter 
lands  under  the  homestead  laws  the  same  as  if  the  surrendered  entry  had 
not  l)een  made,'^  with  the  same  provisions,  as  regards  fees  and  commissions 
not  being  required,  and  requiring  settlement  and  cultivation,  occupation, 
and  residence,  as  have  been  already  stilted  with  regard  to  additional  entries. 
In  «ise  of  any  party  electing  to  surrender  his  entry  under  this  act,  the  reg- 
ister and  receiver  will  receive  his  relinquishment,  which  shall  si>ecify  for 
what  pur|K)se  made,  and  be  accompanied  by  the  duplicate  receipt  Issued  for 
the  relincpiished  entry,  or  by  a  statement  under  oath  showing  a  good  reason 
for  its  absence*,  report  the  case  in  a  special  letter  to  this  office,  and  await 
instructions  before  proceeding  further  in  the  matter.  Relinquishments 
miiy  be  made  in  the  same  manner  hereinbefore  j^rovided  for. 

Any  party  claiming  the  right  to  make  an  additional  entry  or  to  surrender 
an  old  and  make  a  new  one,  under  the  provisions  before  referred  to,  will  be 
requirtid  first  to  make  affidavit  that  he  did  not  serve  as  a  soldier  or  sailor 
for  ninety  days  during  the  late  civil  war  and  receive  an  honorable  discharge 
from  the  Army  or  Navy,  for  if  so,  he  would  not  be  entitled  to  the  right 
claimed,  as  the  class  of  persons  who  so  served  and  were  discharged  were 
liot  restricted  to  eighty  acres  under  the  previously  existing  laws,  as  indicated 
below.  This  affidavit  may  be  made  before  any  officer  using  a  seal  and 
authorized  to  administer  oaths,  or  before  the  register  or  receiver  of  the 
district  office. 

Provisions  for  the  benefit  of  soldiers  and  sailors  of  the  late  war,  their 
widows  and  minor  orphan  children, — Sections  2304,  2305,  2306,  2307, 
2308,  and  2309  of  the  Revised  Statutes,  for  the  benefit  of  soldiers  and 
^'lilors,  their  widows  and  minor  orphan  children,  provide — 

1st.  In  section  2304,  that  every  soldier  and  officer  in  the  Army,  and 
every  seaman,  marine,  and  officer  of  the  Navy,  wiio  served  for  not  less  than 
ninety  days  in  the  Army  or  Navy  of  the  United  States,  "during  the  re- 
cent relj<illion,"  and  who  was  honorably  discharged,  and  has  remaine<i  loyal 
to  the  Government,  may  enter,  under  the  provisions  of  the  horaestetui  law, 
160  a<Tes  of  the  public  land,  to  be  taken,  if  desired,  from  the  class  of 
double  mininuun  lands. 

2d.  In  section  2305,  that  the  time  of  his  service,  or  the  whole  term  of 
his  enlistment  if  ihe  party  was  discharged  on  a(vount  of  wounds  or  dis- 
ability incurre<l  in  the  line  of  duty,  shall  be  deducted  from  the  period  of 
five  years,  during  which,  as  per  section  2291,  the  claimant  inu^t,  to  perfect 
title,  reside  u|x>n  and  cultivate  the  entered  tract,  but  with  the  proviso  that 
tlie  party  shall,  in  every  case,  reside  uiK>n,  improve,  and  cultivate  his 
homestead  for  a  period  of  at  least  one  year  after  he  shall  have  commenced 
his  improvements. 


18 

3d.  That  any  person  entitled  to  the  benefits  of  section  2304  who  had, 
prior  to  the  22d  of  June,  1874,  made  a  homestead  entry  of  less  than  160 
acres,  may  enter  an  additional  quantity  of  land  sufficient  to  make,  with 
the  previous  entry,  160  acres. 

4th.  That  the  widow,  if  unmarried,  or  in  case  of  her  death  or  marriage, 
then  the  minor  orphan  children,  of  a  person  who  would  be  entitled  to  the 
benefits  of  section  2304,  may  enter  land  under  its  provisions,  with  the 
additional  privilege  accorded,  that  if  the  person  died  during  his  term  of 
enlistment,  the  widow  or  minor  children  shall  have  the  benefit  of  the 
whole  term  of  enlistment. 

5th.  That  any  person  entitled  to  the  benefit  of  section  2304  may  file  his 
claim  for  a  tract  of  land  through  an  agent,  and  shall  have  six  months 
thereafter  within  which  to  make  his  entry  and  commence  his  settlement 
and  improvement  upon  the  land. 

The  following  is  the  course  of  proceedings  for  parties  to  avail  themselves 
of  the  benefits  of  these  sections  of  the  Revised  Statutes  in  making  home- 
stead entries : 

1st.  On  the  party  producing  the  proper  proof  of  his  right  to  do  so,  im- 
mediate entry  of  the  tract  desired  may  be  made ;  but  if  the  party  so  elect, 
he  may  file  a  declaration,  form  No.  41,  to  the  effect  that  he  claims  a  specified 
tract  of  land  as  his  homestead,  and  that  he  takes  it  for  actual  settlement 
and  cultivation.  The  register  and  receiver  will  number  the  declarations  so 
filed  in  a  separate  series,  according  to  the  order  of  filing,  enter  them  on 
their  records,  and  with  their  monthly  returns  forward  an  abstract,  to  em- 
brace all  declarations  of  this  class  filed  with  them  during  the  month. 
Thereafter,  at  any  time  within  six  months  from  the  date  of  filing,  the 
party  may  come  forward,  make  his  entry  of  the  land,  forms  of  application 
and  affidavits,  Nos.  42  and  43,  and  commence  his  settlement  and  improve- 
ment. Should  the  party  present  his  declaration  through  an  agent  as  au- 
thorized by  section  2309,  said  agent  must  produce  a  duly  executed  power 
of  attorney  from  the  principal  desiring  to  make  the  entry,  who  will  be 
bound  by  the  selection  his  agent  may  make  the  same  as  though  made  by 
himself.  Where  the  party  has  failed  to  make  entry  within  six  months  from 
the  date  of  filing,  he  is  not  thereby  debarred  from  making  entry  of  the 
tract  filed  for,  unless  some  adverse  right  has  intervened ;  and  if  so,  he  may 
enter  some  other  tract  that  is  still  vacant. 

2d.  The  claims  of  widows  and  minor  orphan  children  may  be  initiated 
by  declaration,  as  above.  Minor  orphan  children  can  act  only  by  their 
duly  appointed  guardians,  who  must  file  certified  copies  of  the  powers  of 
guardianship,  which  must  be  transmitted  to  this  office  by  the  registers  and 
receivers  with  their  abstracts  of  declarations.  The  law  does  not  require, 
as  a  condition  to  enjoying  its  benefits,  that  the  party  should  first  file  a  de- 
claratory statement,  and,  as  before  stated,  immediate  entry  may  be  made. 


19 

3(1.  WluTi*  a  party  eiititk'd  desires  to  make  an  additional  tntrv  of  a 
quantity  which,  with* his  original  entry,  shall  not  exeeeil  one  hundred  and 
sixty  acres,  it  is  required  that  a  full  recital  of  military  service  be  presented 
to  this  offiw,  with  due  proof  of  the  identity  of  the  party  making  the 
claim,  and  with  proper  reference  to  his  original  homestead  entry,  giving  the 
name  of  the  district  office,  date  and  numlxir  of  entry,  and  description  of 
the  land.  In  addition,  a  detaileil  stiitement,  under  oath,  must  be  filed  by 
tlie  party  in  interest,  setting  forth  the  facts  resi>ecting  his  right  to  make 
the  entry,  and  containing  his  declaration  that  he  has  not  in  any  manner  ex- 
ercised his  right,  either  by  previous  entry  or  application,  or  by  sale,  transfer, 
or  ix)wer  of  attorney,  but  that  the  same  remains  in  him  unimpaired.  He 
must  also  declare,  under  oath,  that  he  has  made  full  compliance  with  the 
homi«tead  law  in  the  matter  of  residence  upon,  cultivation  and  improve- 
ment of,  his  original' homestead  entry;  and  should  further  recite  whether 
or  not  he  has  proved  up  his  claim  and  received  a  patent  of  the  land. 

When  these  pai>ers  are  filed  and  examined,  they  will,  if  found  satisfac- 
tory, l)e  returiKKl  with  a  certificate  attached  recognizing  the  right  of  the 
party  to  make  additional  entry  under  the  law;  and  when  presented  with  a 
proper  application  at  any  district  land  office,  either  by  the  party  entitled  or 
his  agent  or  attorney,  they  will  be  accepted  by  the  register  and  receiver, 
and  forwarded  with  the  entry  papers  to  this  office  in  the  usual  manner. 

The  fee  for  examination  and  certificate,  under  the  seal  of  the  office,  will 
l>e  one  dollar,  which  must  in  all  cases  accompany  the  papers  presented  ibr 
approval. 

Where  the  j)arty^s  first  entry  has  been  consummated,  the  roister  and 
receiver  will  recpiire  him  to  make  application  in  the  form  prescribed.  No.  44, 
and  to  pay  the  same  fee  and  commissions  as  in  cases  of  original  entry ;  the 
receiver  will  issue  his  receipt  for  the  money  paid,  and  these  pajxirs  will 
receive  the  current  date  and  the  proper  numbers  in  their  homestead  seriev. 
Then,  to  complete  the  transaction — it  being  an  object,  for  the  convenience 
of  business,  that  the  additional  entry  paj>ers,  and  the  final  pa|>ers  therefor, 
in  such  cases,  shall  he  kept  separate  and  distinct — the  party  will  make  pay- 
ment of  the  asual  final  commissions  on  the  entered  tract,  for  which  the 
receiver  will  issue  his  receipt;  tJie  register  will  thereu|)on  issue  his  final 
certificate  for  the  additional  tract,  form  No.  45,  the  receipt  and  certificate 
to  Ixjar  their  proper  numlx^rs  in  the  final  homesteatl  series,  likewise  a  refer- 
ence to  the  original  entry  and  to  the  final  certifitrjite  thereon  by  their  num- 
Ixjr,  and  also  by  their  district  whirc  the  party's  fnst  indv  <\v,\]]  ]«)v  Iwon 
made  in  a  different  district. 

In  «Lse  the  party  has  not  nmde  proof  on  his  original  huinewtead  entry 
when  he  applies  for  additional  land,  he  will  be  allowe<l  to  make  the  addi- 
tional entry  on  pro|H»rappli«ition,  as  alx)ve  state<l,and  paying  the  usual  fee 
and  commissions,  for  which  the  rec«iver  will  issue  his  receipt ;  the  papers 


20 

to  receive  their  proper  numbers  in  the  homestead  series,  with  a  reference 
thereon  to  the  original  entry.  Thereafter,  when  the  party  shall  make  final 
proof  on  the  original  entry,  he  will  be  required  to  pay  the  final  commissions 
on  both  entries,  when  a  final  receipt  will  be  issued  for  the  money,  and 
thereupon  a  final  certificate  issued  to  call  both  for  the  tract  in  the  original 
entry  and  the  additional  tract.  On  these  papers  the  register  and  receiver 
will  make  a  reference  to  the  orignal  and  the  additional  entry,  and  on  them 
one  patent  will  issue  for  both ;  yet  where  it  happens  that  the  original  entry 
and  the  additional  entry  are  made  in  diiferent  land  districts,  this  rule  must 
be  departed  from  so  far  as  regards  the  issuing  of  one  final  certificate  and 
receipt  for  both. 

The  following  proof  will  be  required  of  parties  applying  for  the  benefits 
of  sections  2304,  2305,  and  2307,  in  addition  to  the  prescribed  affidavit 
of  the  applicant: 

1st.  Certified  copy  of  certificate  of  discharge,  showing  when  the  party 
enlisted  and  when  he  was  discharged;  or  the  affidavit  of  two  respectable, 
disinterested  witnesses  corroborative  of  the  allegations  contained  in  the  pre- 
scribed affidavit,  form  No.  43,  on  these  points,  or,  if  neither  can  be  pro- 
cured, the  party's  affidavit  to  that  effect. 

2d.  In  case  of  widows,  the  prescribed  evidence  of  military  service  of  the 
husband,  as  above,  with  affidavit  of  widowhood,  giving  date  of  the  hus- 
band's death. 

3d.  In  case  of  minor  orphan  children,  in  addition  to  the  prescribed  evi- 
dence of  military  service  of  the  father,  proof  of  death  or  marriage  of  the 
mother.  Evidence  of  death  may  be  the  testimony  of  two  witnesses,  or 
certificate  of  a  physician  duly  attested.  Evidence  of  marriage  may  be 
certified  copy  of  marriage  certificate,  or  of  the  record  of  same,  or  testimony 
of  two  witnesses  to  the  marriage  ceremony. 

The  register  and  receiver  will  be  allowed  to  charge  one  dollar  each  for 
receiving  and  filing  the  initiatory  declaration  of  the  parties  in  cases  where 
such  declarations  are  filed.  This  fee  the  receiver  will  account  for  in  the 
usual  manner,  indicating  the  same  in  his  account  as  fees  for  '^lomestead 
declarations,"  which  will  be  charged  against  the  maximum  of  $3,000  now 
allowed  by  law.  In  the  States  and  Territories  for  which  50  per  centum 
additional  is  allowed  by  the  twelfth  subdivision  of  section  2238  of  the 
Revised  Statutes,  the  additional  allowance  will  apply  to  the  fee  herein 
named,  viz:  California,  Oregon,  Washington,  Nevada,  Colorado,  Idaho, 
New  Mexico,  Arizona,  Utah,  Wyoming,  and  Montana. 

Provisions  for  the  benefit  of  Indians. — The  15th  and  16th  sections  of  the 
act  of  March  3,  1875,  (copy  attached.  No.  9,)  extends  the  benefits  of  the 
homestead  act  of  May  20, 1862,  and  the  acts  amendatory  thereof,  (now  em- 
bodied in  sections  2290,  2291,  2292,  and  2295  to  2302,  inclusive,  of  the 
Revised  Statutes,)  to  any  Indian,  born  in  the  United  States,  who  is  the 


21 


liead  of  a  family,  or  who  lias  arrived  at  the  age  of  twenty-one  yejirs,  and 
who  has  abandoned,  or  may  hereafter  abandon,  his  trilml  relations,  with 
the  exception  that  the  provisions  of  the  8th  section  of  said  act  of  1862 
(section  2301  of  the  Revised  Statutes)  shall  not  be  held  to  apply  to  entries 
made  tliereunder,  and  with  the  proviso  that  the  title  to  lands  ac(|uired  by 
any  Indian  by  virtue  thereof  shall  not  be  subject  to  alienation  or  incum- 
brance, either  by  voluntary  conveyance,  or  the  judgment,  decree,  or  order 
of  any  court,  and  shall  be  and  remain  inalienable  for  a  jxiriod  of  five  years 
from  the  date  of  the  patent  issued  therefor. 

An  Indian  desiring  to  enter  public  land  under  this  act  must  makeappli- 
i-at  ion  to  the  register  and  receiver  of  the  proper  district  land  office ;  also 
an  affidavit  setting  forth  the  fact  of  his  Indian  character;  that  he  was  bom 
in  the  United  States ;  that  he  is  the  head  of  a  family,  or  has  arrived  at  the 
age  of  twenty-one  years ;  that  he  has  abandoned  his  tribal  relatioas  and 
adopted  the  habits  and  pursuits  of  civilized  life,  form  No.  46,  and  this 
must  be  corroborated  by  the  affidavits  of  two  or  more  disinterested  wit- 
nesses, form  No.  47. 

If  no  objection  appeai-s,  the  register  and  receiver  will  then  permit  him 
to  enter  the  tract  desired  according  to  existing  regulations,  so  far  as  appli- 
cable, under  the  homestead  law,  the  register  writing  across  the  face  of  the 
application,  form  No.  23,  the  words  "Indian  homestead — act  of  March  3, 
1875;"  they  will  note  the  entry  on  their  records  and  make  returns  thereof 
to  this  office,  with  which  they  will  send  tlie  affidavits  submitted.  It  will 
be  observed  that  the  provisions  of  the  eighth  section  of  this  act  of  May  20, 
1862,  (section  2301  of  the  Revised  Statutes,)  which  admits  of  the  com- 
muting of  homestead  to  cash  entries,  do  not  apply  to  this  class  of  home- 
steads. 

All  lands  obtained  under  the  homestead  la-svs  are  exempt  from  liability 
for  debts  contracted  prior  to  the  issuing  of  patent  therefor. 

For  homestead  entries  on  lands  in  Michigan,  Wisconsin,  Iowa,  Mls- 
80URI,  Minnesota,  Kansas,  Nebraska,  Dakota,  Alabama,  Missis- 
sippi, Louisiana,  Arkansas,  and  Florida,  commissions  and  fees  are 
to  be  paid  aa'ording  to  the  following  table : 


Acres. 

Price 
per 
acre. 

CommiBsioni. 

Fee.            : 

1  Total  of  fee  and 

Payable  when 
entry  U  made. 

Payable  when 
certiJicaU  issues. 

Payable  when        <-•«>»»"'««»""«• 
entry  is  made. 

160 
HO 
40 

160 
80 
40 

$2  50 
'i  50 
2  50 
1  «5 
1  25 
1  85 

$8  00 
4  00 

•  2  00 
4  00 
2  00 
1  00 

|8  00 
4  00 
2  00 
4  (N) 
2  00 
1  00 

$10  00                    $26  00 
5  00                      13  00 
5  00                        9  00 
10  00                       18  00 
5  00                         I)  00 
5  00                         7  00 
i 

22 

In  addition  to  the  States  and  Territories  above  named,  the  same  rates 
will  'apply  to  Ohio,  Indiana,  and  Illinois,  if  any  vacant  tracts  can  be 
found  liable  to  entry  in  these  three  States,  where  but  very  few  isolated 
tracts  of  public  land  remain  undisposed  of. 

In  the  Pacific  and  other  political  divisions,  viz:  on  lands  in  Cali- 
fornia, Nevada,  Oregon,  Colorado,  New  Mexico,  and  Washing- 
ton, and  in  Arizona,  Idaho,  Utah,  Wyoming,  and  Montana,  the 
commissions  and  fees  are  to  be  paid  according  to  the  following  table : 


Price 
per 
acre. 

Commissions. 

Fee. 

Acres. 

Total  of  fee  and 
commissions. 

Payable  when 

Payable  wben 

Payable  when 

entry  is  made. 

certificate  issues. 

entry  is  made. 

160 

|2  50 

$12  00 

$12  00 

|10  00 

$34  00 

80 

2  50 

6  00 

6  00 

5  00 

17  00 

40 

2  50 

3  00 

3  00 

5  00 

11  00 

160 

1  25 

6  00 

6  00 

10  00 

22  00 

80 

1  25 

3  00 

3  00 

5  00 

11  00 

40 

1  25 

1  50 

1  50 

5  00 

8  00 

I 


In  reference  to  disposals  of  any  remnant  of  public  lands  in  these  States, 
it  may  be  proper  here  to  introduce  the  following  regulations  for  the  admis- 
sion of  entries  by  the  Commissioner  of  the  General  Land  Office,  under  act 
of  March  3,  1877,  in  States  where  there  are  no  district  land  offices: 

The  act  of  Congress  of  March  3,  1877,  making  appropriations  for  the 
legislative,  executive,  and  judicial  expenses  of  the  Government  for  the  year 
ending  June  30,  1878,  provides:  "That  public  lands  situated  in  States  in 
which  there  are  no  land  offices  may  be  entered  at  the  General  Land  Office, 
subject  to  the  provisions  of  law  touching  the  entry  of  public  lands;  and 
that  the  necessary  proofs  and  affidavits  required  in  such  cases  may  be  made 
before  some  officer  competent  to  administer  oaths,  whose  official  character 
shall  be  duly  certified  by  the  clerk  of  a  court  of  record;  and  moneys  re- 
ceived by  the  Commissioner  of  the  General  Land  Office  for  lands  entered 
by  cash  entry  shall  be  covered  into  the  Treasury.^'  | 

Under  these  provisions  the  Commissioner  of  the  General  Land  Office  is  I 
prepared  to  perform  the  duties  which,  by  law,  were  devolved  upon  the  J 
registers  and  receivers  of  the  district  land  offices  at  Chillicothe,  Ohio,  j 
Springfield,  Illinois,  and  Indianapolis,  Indiana,  prior  to  the  abolition  of  J 
those  offices  by  act  of  Congress  of  July  31,  1876.  I 

In  so  doing,  he  will  receive  applications  accomj)anied  by  the  purchase 
money,  or  fees  and  commissions,  as  the  case  may  be,  from  parties  desiring 
to  enter  any  isolated  tracts  which  may  remain  undisposed  of  in  said  States, 
either  from  the  parties  in  person  or  through  the  mails,  and  in  like  manner 


23 

any  proof  or  payment  proiM^r  to  perfect  entries  already  made,  take  the 
proper  action  thereon,  and  duly  advine  tlie  parties,  in  regular  course  of 
business. 

The  following  methotl  will  be  observed  in  carrying  into  effect  the  pro- 
visions of  tlie  act: 

1st  A  clerk  has  been  designated  by  the  Commissioner  to  receive  and 
act  upon  the  appliciitions  which  may  be  offered  for  such  entries,  and  to  have 
charge  of  tlie  corresix)ndencc  connected  therewith ;  all  moneys  received  to 
go  into  tlie  charge  of  the  receiving  clerk,  designated  under  the  act  of  July 
2,  1864,  and  any  moneys  found  to  belong  to  the  United  States  on  the  cases 
hinu^  finally  passed  upon  to  be  turned  over  to  the  Treasury,  according  to 
law. 

2d.  Applications  will  be  immediately  entered  in  a  preliminary  abstract 
for  each  State  in  the  order  in  which  they  are  received ;  will  be  carefully 
examined  in  connection  with  the  plats,  files,  and  records,  and  admitted  or 
rejected,  according  to  the  law  and  instructions  governing  the  case.  From 
such  preliminary  abstracts  the  admitted  applications  will  be  carried  to  a 
regular  monthly  abstract,  and  the  proper  certificates  and  receipts  will  be 
issued  by  the  Commissioner,  acting  as  ex  officio  register  and  receiver.  The 
entries  thus  admitted  will  be  properly  posted  in  the  tract-books,  and  the 
papei*s  therefor  placed  on  file,  for  such  further  action  as  may  be  necessary. 
These  entries  will  be  numbered  consecutively  in  continuation  of  the  series 
entered  upon  at  the  respective  district  offices.  The  applicants  will  be 
promptly  advised  of  the  result  of  the  examination,  and,  where  the  desired 
entries  are  admitted,  will  be  furnished  with  the  appropriate  paper,  to  \)e 
held  as  evidence  of  title  until  delivery  of  the  patents. 

3<1.  In  case  of  conflicting  applications,  that  which  is  first  received  shall 

r  first  acted  iij^n,  as  above  directed,  and  will  be  considered  t\s  giving  the 

applicant  the  legal  right  to  the  tract  applied  for,  if  unexceptionable  in  other 

-{K'CtS. 

LAWS  TO   PROMOTE  TIMBER  CULTURE. 

The  timber-culture  act  of  March  3,  1873,  having  been  amended  by  the 
act  of  March  13,  1874,  the  latter  has  been  further  amended  by  the  act  of 
June  14,  1878,  (copy  attached.  No.  4.) 

I. — Certain  provisions  of  the  act  of  March  13,  1874j  are  repealed  by 
the  act  of  June  14,  1878. 

1.  The  act  of  March  13,  1874,  at  ihe  close  of  its  first  section,  contains 
the  following:  ^^Providedj  That  not  more  than  one  quarter  of  any  section 
shall  be  tlius  granted,  and  tliat  no  person  shall  make  more  than  one  entry 
umler  the  provisions  of  this  act,  unless  fractional  sulxlivisions  of  less  than 
forty  acres  are  entered,  which,  in  the  aggregate,  sliall  not  exceed  one  quar- 
ter section."     In  the  act  of  June  14,  1878,  the  concluding  words,  '^unlees 


24 

fractional  subdivisions  of  less  than  forty  acres  are  entered,  which,  in  the 
aggregate,  shall  not  exceed  one  quarter  section,"  are  omitted.  Hence,  the 
rule  forbidding  more  than  one  entry  is  made  universal,  and  will  govern  in 
all  future  cases. 

2.  The  provision  of  the  act  of  March  13,  1874,  requiring  that  the  trees 
shall  be  not  "  more  than  twelve  feet  apart  each  way,"  is  omitted  from  the 
act  of  June  14,  1878.  The  latter  requires,  however,  that  the  final  proof 
shall  show  "  that  not  less  than  twenty-seven  hundred  trees  were  planted  on 
each  acre,  and  that  at  the  time  of  making  such  proof  there  shall  be  grow- 
ing at  least  six  hundred  and  seventy-five  living  and  thrifty  trees  to  each 
acre."  , 

3.  The  closing  sentence  of  the  second  section  of  the  act  of  March  13, 
1874,  provides  that  "in  case  of  the  death  of  a  person  who  has  complied 
with  the  provisions  of  this  act  for  the  period  of  three  years,  his  heirs  or 
legal  representatives  shall  have  the  option  to  comply  with  the  provisions  of 
this  act,  and  receive,  at  the  expiration  of  eight  years,  a  patent  for  one  hun- 
dred and  sixty  acres,  or  receive,  without  delay,  a  patent  for  forty  acres, 
relinquishing  all  claim  to  the  remainder."  This  provision  is  not  contained 
in  the  act  of  June  14,  1878. 

4.  The  following  section  of  the  act  of  March  13, 1874,  relating  to  home- 
stead entries  on  which  timber  is  cultivated,  is  omitted  from  the  act  of  June 
14,1878: 

Sec.  4.  That  each  and  every  person  who,  under  the  provisions  of  the  act  entitled  ''An  Act 
to  secure  homesteads  to  actual  settlers  on  the  public  domain,"  approved  May  20,  1862,  or  any 
amendment  thereto,  having  a  homestead  on  said  public  domain,  who,  at  any  time  after  the 
end  of  the  third  year  of  his  or  her  residence  thereon,  shall,  in  addition  to  the  settlement  and 
improvements  now  required  by  law,  have  had  under  cultivation,  for  two  years,  one  acre  of 
timber,  the  trees  thereon  not  being  more  than  twelve  feet  apart  each  way,  and  in  a  good 
thrifty  condition,  for  each  and  every  sixteen  acres  of  said  homestead,  shall,  upon  due  proof  of 
such  fact  by  two  credible  witnesses,  receive  his  or  her  patent  for  said  homestead. 

The  rights  of  claimants  under  entries  actually  made  according  to  the  act 
of  March  13,  1874,  before  the  14th  June,  1878,  when  the  amendatory  act 
took  effect,  are  not  affected  by  the  repeal  of  the  provisions  referred  to.  The 
parties  interested,  if  they  so  elect,  may  consummate  their  entries  according 
to  the  provisions  of  the  act  under  which  they  were  initiated.  And  home- 
stead entries  made  before  the  14th  June,  1878,  will  be  patented  according 
to  the  fourth  section  above  quoted,  where  the  facts  are  such  as  to  bring  the 
cases  within  its  provisions  and  the  interested  parties  so  desire.  But  entries 
made  since  that  time  must  be  adjusted  according  to  the  principles  of  the  law 
as  modified  by  the  amendatory  act. 

II. — The  principal  points  to  be  observed  in  proceedings  .thereunder  may 
be  stated  as  follows : 

1.  The  privilege  of  entry  under  the  act  of  June  14,  1878,  is  confined  to 
persons  who  are  heads  of  families,  or  over  twenty-one  years  of  age,  and  who 


25 

are  citizens  of  the  United  Sttites,  or  have  declareil  their  intention  to  become 
such,  according  to  the  natumlization  laws. 

2.  The  affidavit  required  for  initiating  an  entrj^  under  the  act  of  Juno 
14,  1878,  may  be  made  before  the  register  or  receiver  of  the  district  office 
for  the  land  district  embracing  the  desired  tract,  before  the  clerk  of  some 
court  of  record,  or  before  any  officHjr  authorized  to  administer  oaths  in  that 
district. 

3.  Not  more  than  160  acres  in  any  one  section  can  be  entered  under  this 
act,  and  no  jx'rson  can  make  more  than  one  entry  thereunder. 

4.  The  ratio  of  area  required  to  be  broken,  planted,  etc.,  in  all  entries 
under  the  act  of  June  14, 1878,  is  one-sixteenth  of  the  land  embraced  in  the 
entry,  except  where  the  entered  tract  is  less  than  40  acres,  in  which  case  it 
is  one-sixteenth  of  that  quantity.  The  party  making  an  entry  of  a  quarter 
section,  or  160  acres,  is  required  to  break  or  plow  five  acres  covere^l  thereby 
during  the  first  year,  and  five  acres  in  addition  during  the  second  year.  The 
five  acres  broken  or  plowed  during  the  first  year  he  is  required  to  cultivate 
by  raising  a  crop,  or  otherwise,  during  the  second  year,  and  to  plant  in 
timber,  seeds,  or  cuttings,  during  the  third  year.  The  five  acres  broken  or 
plowed  during  the  second  year  he  is  required  to  cultivate  by  raising  a  crop, 
or  otherwise,  during  the  third  year,  and  to  plant  in  timber,  seeds,  or  cut- 
tings, during  the  fourth  year.  The  tracts  embraced  in  entries  of  a  less 
quantity  than  one  quarter  section  are  required  to  be  broken  or  plowed,  cul- 
tivated, and  planted  in  trees,  tree-seeds,  or  cuttings,  during  the  same  iK?riods, 
and  to  the  Siune  extent,  in  pro|x)rtion  to  their  total  areas,  as  are  provided 
for  in  entries  of  a  quarter  section.  Provision  is  made  in  the  act  for  an 
extension  of  time  in  ca«*e  the  trees,  seeds,  or  cuttings  planted  should  be 
destroyed  by  grasshoppers  or  by  extreme  and  unusual  drought. 

5.  If,  at  the  expiration  of  eight  years  from  the  date  of  entrj^,  or  at  any 
time  within  five  years  thereafter,  the  person  making  the  entry,  or,  if  he  be 
deatl,  his  heirs  or  legal  representatives,  shall  prove,  by  two  credible  \\\i- 
nesses,  the  planting,  cultivating,  and  protecting  of  the  timber  for  not  less 
than  eight  yeai's,  a(xx)i'ding  to  the  provisions  of  the  act  of  June  14,  1878, 
he,  or  they,  will  be  entitled  to  a  patent  for  the  land  embraced  in  the  entry. 

6.  If,  at  any  time  after  one  year  from  the  date  of  entry,  and  prior  to  the 
issue  of  a  patent  therefor,  the  claimant  shall  fail  to  comply  with  any  of  the 
requirements  of  that  act,  then,  and  in  that  event,  such  entry  will  become 
liable  to  a  contest  in  the  manner  providetl  in  homestead  cjises,  and  upon 
due  proof  of  such  failure  the  entry  vf\\\  be  canceled,  and  the  land  become 
again  subjcf-t  to  entry  under  the  homestead  laws,  or  by  some  other  person 
under  the  act  of  June  14,  1878. 

7.  No  land  acquired  under  the  provisions  of  the  act  of  June  14,  1878, 
will  in  any  event  become  liable  to  the  satisfaction  of  any  debt  or  debts  con- 
tractctl  prior  to  the  issuing  of  the  final  ccrtifiwite  therefor. 


26 

8.  The  fees  for  entries  under  the  act  of  June  14,  1878,  are  $10  if  the 
tract  applied  for  is  more  than  80  acres;  and  $5  if  it  is  80  acres  or  less; 
and  the  commissions  of  registers  and  receivers  on  all  entries  (irrespective  of 
area)  are  |4  ($2  to  each)  at  the  dg,te  of  entry,  and  a  like  sum  at  the  date 
of  final  proof. 

9.  No  distinction  is  made,  as  to  area  or  the  amount  of  fee  and  commis- 
sions, between  minimum  and  double-minimum  lands.  A  party  may  enter 
160  acres  of  either  on  payment  of  the  prescribed  fee  and  commissions. 

10.  The  fifth  section  of  the  act  approved  March  3,  1857,  entitled  "An 
Act  in  addition  to  an  act  to  punish  crimes  against  the  United  States,  and 
for  other  purposes,"  is  extended  to  all  oaths,  affirmations,  and  affidavits 
required  or  authorized  by  the  act  of  June  14,  1878. 

1 1 .  Parties  who  have  already  made  entries  under  the  timber-culture  acts 
of  March  3, 1873,  and  March  13, 1874,  of  which  the  act  of  June  14, 1878, 
is  amendatory,  may  complete  the  same  by  compliance  with  the  requirements 
of  the  latter  act;  that  is,  they  may  do  so  by  showing,  at  the  time  of  mak- 
ing their  final  proof,  that  they  have  had  under  cultivation,  as  required  by 
the  act  of  June  14,  1878,  an  amount  of  timber  sufficient  to  make  the  num- 
ber of  acr^s  required  thereby,  being  one-fourth  the  number  required  by  the 
former  acts.  It  will  be  sufficient  for  this  if  the  parties  show  that  of  the 
entire  area  embraced  in  their  respective  entries  they  have  cultivated  in 
timber  for  the  period  required  by  the  act  of  1878  an  area  not  less  than 
one-sixteenth  part;  and  that  they  have  then  growing  upon  such  cultivated 
area  the  prescribed  number  of  "living  and  thrifty  trees,"  viz.j  6,750,  where 
the  entry  is  for  160  acres;  3,375,  where  it  is  for  80  acres;  and  1,688, 
where  it  is  for  40  acres  or  less. 

III. — The  following  regulations  are  prescribed  pursuant  to  the  fifth 
section  of  the  act  of  June  14,  1878,  viz : 

1.  The  register  and  receiver  will  not  restrict  entries  under  this  act  to  one 
quarter  section  only  in  each  section,  as  was  formerly  done  under  the  acts  to 
which  this  is  amendatory,  but  may  allow  entries  to  be  made  of  subdivisions 
of  different  quarters  of  the  same  section ;  provided  that  each  entr}^  shall 
form  a  compact  body,  not  exceeding  160  acres,  and  that  not  more  than 
that  quantity  shall  be  entered  in  any  one  section.  Before  allowing  any 
entry  applied  for,  they  will,  by  a  careful  examination  of  the  plat  and  tract- 
books  Aidth  reference  to  any  previous  entry  or  entries  within  the  limits  of 
the  same  section,  satisfy  themselves  that  the  desired  entry  is  admissible 
under  this  rule. 

2.  When  they  shall  have  satisfied  themselves  that  the  land  applied  for 
is  properly  subject  to  such  entry,  they  will  require  the  party  to  make  the 
prescribed  affidavit  and  to  pay  the  fee  and  that  part  of  the  commissions 
payable  at  the  date  of  entry,  and  the  receiver  will  issue  his  receipt  therefor, 
in  duplicate,  giving  the  party  a  duplicate  receipt.     They  will  number  the 


27 

entry  in  its  order,  in  a  seiwmtc  scries  of  numbers,  unless  tliey  have  already 
a  series  under  the  acts  to  which  this  act  is  ainendator)',  in  which  case  tliey 
will  immbei  the  entry  as  one  of  that  series;  they  will  note  the  entry  on 
their  reix^rds  and  report  it  in  their  monthly  returns,  sending  up  all  the 
pajwrs  therein,  with  an  abstract  of  the  entries  allowed  during  the  month 
11  nder  this  act.  If  the  affidavit  is  made  before  a  justice  of  the  jxace,  which 
the  act  admits  c^f,  his  official  character  and  the  genuineness  of  his  signature 
must  be  certifietl  under  seal. 

3.  When  a  contest  is  instituted,  as  contemplated  in  tlie  third  section  of 
ilie  act  of  June  14,  1878,  the  contestiint  will  be  allowed  to  make  applica- 
tion to  enter  the  land.  The  register  will  thereupon  indorse  on  the  appli- 
cation the  date  of  its  presentation,  and  will  make  the  application,  and  the 
contestant's  affidavit  setting  forth  the  grounds  of  contest,  the  basis  for 
further  proceedings,  these  papers  to  accompany  the  rejwrt  submitting  the 
case  to  the  General  Land  Office.  Should  the  contest  result  in  the  cancel- 
lation of  the  contested  entry,  the  contestant  may  tlien  perfect  his  own,  but 
in>  preference  right  will  be  allowed  unless  application  is  made  by  him  at 
(late  of  instituting  contest. 

4.  The  fees  and  commissions  in  this  class  of  entries  the  receiver  will 
•ount  for  in  the  usual  manner,  indicating  the  same  as  fees  and  commis- 
sions on  timber-culture  entries,  which  will  be  charged  against  the  maxi- 
mum of  §3,000  now  allowed  by  law. 

5.  In  all  cases  imder  this  act  it  will  be  required  that  trees  shall  be 
cultivated  which  shall  be  of  the  class  included  in  the  term  *Himber"  the 
cultivation  of  shrubbery  and  fruit  ti*ccs  not  being  sufficient. 

6.  The  applications,  affidavits,  and  receipts  in  entries  allowed  under  the 
art  of  June  14,  1878,  will  be  made  out  according  to  the  forms  hereto 
attached,  Nos.  48,  49,  and  50. 

The  foregoing  })ortion  of  this  circular  has  reference  to  public  lands  which 
are  agricultural  in  character.     There  are  sjHX'ial  laws  for  the  disix)8al  of 
'^'•mrt  landSy  saline  landsy  town-sites  on  the  public  domain^  and  lands  whi«'h 
unfit  i\iv  cultivation  and  valuable  chiefly  for  timber  or  stooe. 

DESERT   LANI>S. 

By  desert  lands  is  meant  a  chtss  of  lands  which  will  not,  without  irriga- 
11,  j)roduce  any  agricultural  crop.  Title  to  such  lands  in  any  of  the  fol- 
wing  States  and  Territories  may  be  acquired  under  the  act  of  CoDgreas 
Ml  March  3,  1877,  (copy  attached.  No.  6,)  viz:  the  Stoics  of  Oaiiforma^ 
Oregon,  and  Nevada,  and  the  Territories  of  Wasliinf/ton,  Idaho f  Montana, 
( lahy  Wyoming,  Arizona,  New  Mexico,  and  Dakota,  Any  party  desiring 
tn  avail  himself  thereof  must  file  with  the  register  and  receiver  of  the 
|»roj)er  district  land  ofli(Xi  a  declaration  in  form  prescribed,  No.  61,  which 
must  be  under  oath,  and  may  be  ejc<|putcd  before  either  tlie  register  or 


28 

receiver,  or  the  clerk  of  any  court  of  record  having  a  seal.  It  must  set 
forth  that  the  applicant  is  a  citizen  of  the  United  States,  or  that  he  has 
declared  his  intention  to  become  such,  in  which  case  a  duly  certified  copy 
of  his  declaration  of  intention  to  become  a  citizen  must  be  presented  and 
filed.  It  must  also  be  set  up  that  the  applicant  has  made  no  other  declara- 
tion for  desert  lands  under  the  provisions  of  this  act,  and  that  he  intends 
to  reclaim  the  tract  of  land  applied  for,  not  exceeding  one  section,  by  con- 
ducting water  thereon  within  three  years  from  the  date  of  his  declaration. 
The  declaration  must  also  contain  a  description  of  the  land  applied  for,  by 
legal  subdivisions  if  surveyed,  or,  if  unsurveyed,  as  nearly  as  possible 
without  a  survey  by  giving,  with  as  much  clearness  and  precision  as  possi- 
ble, the  locality  of  the  tract  with  reference  to  known  and  conspicuous 
land-marks  or  the  established  lines  of  survey,  so  as  to  admit  of  its  being 
thereafter  readily  identified  when  the  lines  of  survey  come  to  be  extended. 
As  preliminary  to  the  filing  of  such  declaration,  it  must  be  satisfactorily 
shown  that  the  land  therein  described  is  desert  land  as  defined  in  the  second 
section  of  the  act.  To  this  end,  the  testimony  of  at  least  two  disinterested 
and  credible  witnesses  is  required,  whose  testimony  will  be  reduced  to 
writing  in  the  usual  manner;  or  the  evidence  may  be  furnished  in  the 
form  of  affidavits  executed  before  the  clerk  of  any  court  of  record  having 
a  seal,  the  credibility  of  the  witnesses  to  be  certified  by  said  clerk.  The 
witnesses  must  clearly  state  their  acquaintance  with  the  premises,  and  the 
facts  as  to  the  condition  and  situation  of  the  land  upon  which  they  base 
their  judgment.  A  form  of  affidavit,  to  be  sworn  to  and  subscribed  by 
each  witness,  is  attached.  No.  52.  After  this  proof  has  been  made  to  the 
satisfaction  of  the  district  officers,  the  receiver  will  receive  from  the  appli- 
cant the  sum  of  twenty-five  cents  per  acre  for  the  land  applied  for;  the 
register  will  receive  and  file  his  declaration,  and  they  will  jointly  issue,  in 
duplicate,  a  certificate  in  the  form  attached.  No.  53.  One  of  these  dupli- 
cates will  be  delivered  to  the  applicant;  the  other  will  be  retained  by  the 
register  and  receiver  with  the  declaration  and  proof.  They  will  bear  a 
number  according  to  the  order  in  which  the  certificate  was  issued.  The 
register  will  keep  a  record  of  the  certificates  issued,  showing  the  number, 
date,  amount  paid,  name  of  applicant,  and  description  of  the  land  applied 
for  in  each  case,  and,  in  addition,  he  will  note  the  same  upon  his  plats  and 
records  as  in  cases  of  ordinary  entry.  At  the  end  of  each  month  he  will,| 
with  his  regular  returns,  forward  to  this  office  an  abstract  of  the  declara- 
tions filed  and  certificates  issued  under  this  act  during  the  month,  accom 
panying  same  with  the  declarations  and  proofs  filed  and  the  retained  copy 
of  certificate  in  each  case.  The  receiver  will  also  account  for  the  money 
received  under  this  act  in  the  usual  form.  At  any  time  within  three  years 
after  the  date  of  filing  the  declaration  and  the  issue  of  certificate  the  proper 
party  may  make  satisfactory  proo:^  of  having  conducted  water  upon  the 


i 


29 

land  appliwl  for.  This  proof  miist  consist  of  the  testimony  of  at  least  t>vo 
di.sinterestal  and  credible  witnesses,  who  must  appear  in  person  before  the 
register  and  receiver.  They  must  declare  that  they  have  jKjrsonal  knowl- 
o<lge  of  the  condition  of  the  land  api>lied  for,  and  of  the  facts  to  which 
they  testify;  and  their  testimony  must  be  re<luced  to  writing  in  the  usual 
manner.  See  foruLs  Nos.  54  and  55.  The  party  must  also  present  and 
surrender  the  duplicate  certificate  issued  when  the  declaration  was  filed. 
When  this  is  done,  and  the  final  proof  imvla  to  the  satisfaction  of  the  dis- 
trict officers,  the  receiver  will  receive  the  additional  payment  of  one  dollar 
I)er  acre,  receipt  therefor  in  duplicate,  as  per  form  No.  56,  and  give  the 
party  a  duplicate  receipt.  The  register  will  also  issue  a  final  certificate  of 
l)urchasc,  form  No.  57.  They  will  give  to  these  final  certificates  and 
rcK^eipts  a  special  series  of  numbers,  and  will  make  separate  abstracts  of 
same  at  the  end  of  each  month,  sending  up  therewith  the  final  certificates, 
receipts,  and  proofs. 

In  eases  where  declarations  shall  be  filed  under  this  act  for  unsurveyed 
lands,  the  register  and  receiver  will  immediately  forward  copies  of  the 
declarations  to  the  surveyor  general,  in  order  that  the  projxir  surveys  may 
be  miule.  The  claimants  will  be  required  to  tiike  their  claims  by  legal 
subdivisions  when  the  lines  of  public  surveys  shall  have  been  extended 
<n'er  the  same. 

SALINE   LANDS. 

The  act  of  Congress  of  January  12,  1877,  (copy  attached.  No.  6,)  pro- 
vides a  mode  of  proceeding  by  which  public  lands  indicatcil  by  the  field- 
notes  of  survey,  or  otherwise,  to  be  saliiie  in  cliaracter  may  be  rendered 
subject  to  disposal. 

Should  prliiui  facie  evidence  that  cx}rtiiin  tracts  are  sidine  in  character  be 
filcil  with  the  register  and  receiver  of  the  pro|)er  land  district,  tliey  ^vill 
designate  a  time  for  a  hearing  at  their  office,  and  give  notice  to  all  {mrties 
in  interest  in  order  tliat  they  may  have  ample  opportunity  to  be  present 
with  their  witnesses. 

At  the  hearing  the  witnesses  will  be  thoroughly  examined  with  regard 
to  the  true  character  of  the  land,  and  whether  the  same  contjiins  any  known 
mines  of  gold,  silver,  cinnabar,  leiid,  tin,  copper,  or  otlier  valuable  mineral 
de|K>sit,  or  any  depasit  of  coal. 

The  witnesses  >vill  also  be  examined  in  regard  to  the  extent  of  the  saline 
deposits  u|K)n  the  given  tnu-ts,  and  whether  the  same  are  claime<i  by  any 
perscm;  if  so,  the  names  of  the  claimants,  and  the  extent  of  their  improve- 
ments must  be  shown. 

The  t4^timony  should  also  show  the  a^ricuhunil  ejipaeitics  of  the  liiitl, 
J  what  kind  of  crops,  if  any,  have  lx»en  niise<l  then»on,  and  the  value  then-<»r. 
^he  testimony  should  be  as  full  and  complete  as  jxissible,  and,  in  addition 


30 

to  the  leading  points  indicated  above,  everything  of  importance  bearin 
upon  ^he  question  of  the  character  of  the  land  should  be  elicited  at  the 
hearing. 

The  register  and  receiver  will  transmit  the  testimony  to  this  office  with 
their  joint  opinion  thereon.  When  the  case  comes  before  this  office,  such 
a  decision  Avill  be  rendered  in  regard  to  the  character  of  the  land  as  the 
law  and  the  facts  may  warrant. 

Should  the  given  tracts  be  adjudged  agricultural,  they  will  be  subject  to 
disposal  as  such.  Sliould  the  tracts  be  adjudged  saline  lands,  the  register 
and  receiver  will  be  instructed  to  offer  the  same  for  sale,  after  public  notice, 
at  the  local  land  office  of  the  district  in  which  the  same  shall  be  situated, 
and  to  sell  said  tract  or  tracts  to  the  highest  bidder  for  cash,  at  a  price  of 
not  less  than  $1.25  per  acre. 

In  case  said  lands  fail  to  sell  when  so  offered,  the  same  will  be  subject 
to  private  sale  at  such  land  office  for  cash,  at  a  price  of  not  less  than  $1.25 
per  acre,  in  the  same  manner  as  other  public  lands  are  sold,  and  afready 
indicated  herein.     See  page  6. 

The  provisions  of  this  act  do  not  apply  to  any  lands  within  the  Territories, 
nor  to  any  within  the  States  of  Mississippi,  Louisiana,  Florida,  California, 
and  Nevada,  none  of  which  have  had  a  grant  of  salines  by  act  of  Congress. 

TOWN   SITES. 

The  eighth  chapter  of  the  Revised  Statutes  of  the  United  States,  com- 
prising sections  2380  to  2394,  and  act  of  Congress  of  March  3, 1877,  ''copies 
attached,  Nos.  1  and  7,)  provide  for  the  disposal  of  town  sites  on  the  public 
domain. 

There  are  two  methods  by  which  title  to  such  town  property  may  be  ac- 
quired, subject  to  the  election  of  parties  desiring  to  do  so:  one  provided  for 
in  sections  2382,  2383,  2384,  and  2385,  and  the  other  in  sections  2387,  2388, 
and  2389  of  the  Revised  Statutes  of  the  United  States.  The  first  method 
limits  the  extent  of  the  area  of  the  city  or  town  to  640  acres,  to  be  laid 
off  into  lots,  and  which,  after  filing  in  the  General  Land  Office  the  tran- 
script, statement,  and  testimony  required  by  section  2382,  are  to  be  offered 
at  public  sale,  to  the  highest  bidder,  at  a  minimum  of  ten  dollars  for  each 
lot.  Lots  not  thus  disposed  of  are  made  thereafter  liable  to  private  entry 
at  said  minimum,  or  at  such  reasonable  price  as  the  Secretary  of  the  In- 
terior may  order  from  time  to  time,  as  the  municipal  property  may  increase 
or  decrease,  after  at  least  three  months'  notice. 

A  privilege,  however,  is  granted  to  any  actual  settler  upon  any  one  lot  oFJ 
pre-empting  that,  and  any  additional  lot  on  which  he  may  have  "substan- 
tial improvements,'^  at  said  minimum,  at  any  time  before  the  day  fixed  for 
the  public  sale. 

There  are,  however,  certain  preliminary  conditions  to  be  complied  with  in 


31 

order  to  the  enjoyment  of  the  privilejjes  granted  in  this  section.    Parties  who 
have  already  founded,  or  may  hereafter  found,,  a  city  or  town  are  required — 

1st.  To  file  with  the  recorder  of  tlie  county  in  wliich  the  town  or  city  is 
situate  a  phit  thereof,  not  exccxK.ling  640  acres,  describing  its  exterior  Ixmnd- 
arics  accortling  to  the  lines  of  the  public  surveys,  where  such  surveys  have 
U'cn  ex(.»cutitl. 

2d.  Also  the  plat  or  map  of  such  city  or  town  mast  exhibit  the  name  of 
t lie  city  or  town,  the  streets,  squares,  blocks,  lots,  and  alleys;  the  size  of  the 
same,  with  measurements,  and  areti  of  each  municipal  subdivision,  the  lots 
in  whitli  shall  each  not  exceed  4,200  square  feet,  with  a  statement  of  tlic 
(ixtent  and  general  character  of  improvements. 

lk\.  Further,  the  Siiid  map  and  statement  to  be  verified  by  oath  by  the 
party  actintr  for  and  in  the  behalf  of  the  founders  of  the  city  or  town. 

4tii.  Within  one  month  after  filing  themap  or  plat  with  the  recorder  of 
the  county,  a  verified  copy  of  said  map  and  statement  is  to  be  sent  to  the 
Genenil  Liuid  Office,  accompanied  by  the  testimony  of  two  witnesses  that 
such  city  or  town  luis  l)een  estiiblished  in  good  faith. 

5th.  Where  the  city  or  town  is  within  the  limits  of  an  organized  land 
district,  a  similar  copy  of  the  map  and  statement  must  be  filed  with  the 
ix^ister  and  receiver. 

Section  2383  provides  for  cities  or  towns  founded  on  unsui^ey^d  land, 
and  directs  that  it  may  be  lawful  to  adjust  the  exterior  limits  of  the  prem- 
ises with  the  lines  of  the  public  surveys,  where  it  can  be  done  without  im- 
pairing the  rights  of  others.  It  also  provides  for  the  issue  of  i)atents  for 
lots  dis|)osed  of  under  these  provisions  as  in  ordinary  cases. 

S(«tion  2384  authorizes  the  Secretary  of  the  Interior,  in  (use  the  parties 
interested  shall  fail  or  refuse,  within  twelve  months  of  the  founding  of  a 
city  or  town  on  the  public  domain,  to  file  in  the  Greneml  Land  Office  a 
(X)py  of  the  map,  with  the  statement  and  testimony  adlnl  for  by  scML'tion 
2382,  to  auLse  a  survey  and  plat  to  be  made  of  the  said  city  or  town,  and 
thereafter  the  lots  to  be  sold  as  provided,  at  an  increase  of  fifty  per  cent, 
(m  the  minimum  price  of  ten  dollars  jK'r  lot. 

Sections  2387,  2388,  and  2389  grant  to  the  inha!)itants  of  cities  and 
towns  on  the  public  lands  the  privilege  of  enti'ring  the  lands  occupied  as 
town  sit<.*s  at  the  minimum  price  of  one  dollar  and  twenty-five  cents  per 
acre,  through  the  corjKinite  authorities  of  such  towns  and  cities,  or  the 
judges  of  the  a)unty  courts  acting  ils  trust4.»(«  for  the  o(x?u|xmts  thereof. 

This  privilege?  is  granted  where  such  mode  of  obtaining  title  to  town 
|)ro|)erty  is  preferred  to  that  provideil.in  sec'tions  2382,  2383,  2384,  and 
-'■>85,  which  are  not  reix'aled  by  the  fonner  sections.  The  inhabitants  of 
tlicsc  towns  or  cities  are  limited,  however,  to  one  or  the  other  of  the  modes 
l)n)vidcxl  in  tliesc  statutes,  and  «mnot  commence  proceedings  under  both 
systems. 


32 

The  provisions  of  sections  2382,  2383,  2384,  and  2385  were  originally 
embodied  in  the  acts  of  Congress  of  July  1,  1864,  and  March  3,  1865; 
those  of  sections  2387,  2388,  and  2389  in  the  act  of  March  2,  1867. 
Section  2394  is  a  re-enactment  of  the  act  of  June  8,  1868.  It  has  refer- 
ence to  cases  where  the  inhabitants  of  cities  or  toAvns  proceeded  to  act 
under  the  provisions  of  the  acts  of  July  1,  1864,  and  March  3, 1865,  prior 
to  June  22, 1874,  the  date  of  the  Revised  Statutes,  and  in  which  they  have 
partly  proved  up  and  paid  for  the  lots  claimed  by  them  according  to  said 
acts.  It  provides  for  extending  the  privilege  of  sections  2387,  2388,  and 
2389,  if  the  town  authorities  in  any  such  case  should  elect  to  proceed  under 
them,  to  such  of  the  inhabitants  as  may  not  have  paid  for  their  lots,  with- 
out interfering  with  the  issuing  of  patents  to  those  who  had  made  or  might 
make  entries  or  elect  to  proceed  under  the  acts  of  July  1, 1864,  and  March  3, 
1865,  or  sections  2382,  2383,  2384,  and  2385  of  the  Revised  Statutes. 
Accordingly,  should  any  case  be  presented  where  proceedings  had  been 
commenced,  as  aforesaid,  by  the  inhabitants  of  any  town  or  city  before  the 
date  indicated,  and  a  part  of  them,  not  having  entered  and  paid  for  their 
lots,  desire  to  take  advantage  of  the  other  system  referred  to,  they  would  be 
entitled  under  section  2394,  on  application  to  the  register  and  receiver  of 
the  proper  district  office,  through  the  town  authorities,  pursuant  to  the 
provisions  of  sections  2387,  2388,  and  2389,  to  enter  or  file  upon  such 
portion  of  the  town  site  as  has  not  already  been  entered  and  paid  for,  and 
is  not  in  possession  of  parties  electing  to  complete  their  titles  under  the 
original  proceedings ;  after,  which,  that  part  of  the  town  site  so  entered  or 
filed  upon  will  be  disposed  of  under  the  last-mentioned  sections,  and  the 
remaining  portion,  if  any,  under  sections  2382,  2383,  2384,  and  2385. 
Section  2394  has  no  reference  to  any  case  in  which  proceedings  for  acquir- 
ing title  to  the  town  site  were  commenced  subsequent  to  June  22, 1874,  the 
inhabitants  in  all  such  cases  being  restricted  to  the  method  of  acquiring  title 
according  to  which  they  may  have  commenced  to  act. 

Section  2394  further  provides  that,  in  addition  to  the  minimum  price  of 
the  lands  included  in  any  town  site  entered  under  its  provisions  and  those 
of  sections  2387,  2388,  and  2389,  there  shall  be  paid  by  the  parties  availing 
themselves  thereof  all  costs  of  surveying  and  platting  any  such  town  site, 
and  expenses  incident  thereto,  incurred  by  the  United  States,  before  any 
patent  therefor  shall  issue.  Hence,  when  it  is  desired  to  enter  a  town  site 
found  upon  the  unsurveyed  public  lands,  a  written  application  should  be 
presented  to  the  surveyor  general  of  the  proper  district  for  a  survey  of  the 
same  under  section  2401  of  the  Revised  Statutes,  and  the  amount  estimated 
by  him  as  sufficient  to  cover  the  said  cost  and  expenses  deposited  with  any 
Assistant  United  States  Treasurer  or  designated  depositary  in  favor  of  the 
United  States  Treasurer,  to  be  passed  to  the  credit  of  the  fund  created  by 
"  Individual  Depositors  for  the  Survey  of  the  Public  Lands,''  the  depositor 


83 

taking  a  duplicate  certificate  of  deposit,  one  to  be  filed  with  the  surveyor 
general  to  be  sent  to  the  General  Land  Office,  and  the  other  retaine<l  by  the 
depositor.  On  receiving  such  certifit^te,  showing  that  the  wK^uisite  sum 
has  been  deposited  in  a  proper  manner  to  pay  for  the  work,  the  6ur\'eyor 
general  will  transmit  to  the  register  and  receiver  of  the  district  land  office 
his  certificate  of  such  payment  having  been  made,  and  will  contract  with  a 
competent  United  States  deputy  surveyor,  and  have  the  survey  made  and 
returned  in  the  same  manner  as  other  public  surveys,  after  which  the  lands 
embraced  witliin  the  site  may  be  entered,  or  filed  ui)on,  as  in  the  case  of 
town  sites  upon  surveyeil  lands. 

When  town  sites  are  located  upon  land  already  surveyed,  the  entry  must 
be  made  in  confi)rmity  to  the  legal  subdivisions  of  the  public  lands,  and 
here  no  costs  in  regard  to  past  surveys  will  be  exacted.  When  sites  are 
upon  unsurveyed  land,  it  will  be  necessary,  after  the  extcasion  thereto  of 
the  public  survey,  to  close  those  lines  upon  the  exterior  limits  of  the  to^vn 
site. 

Section  2389,  it  will  be  observed,  stipulates  that  there  shall  be  conceded, 
where  the  number  of  inhabitants  is  one  hundred  and  less  than  two  hundred, 
not  exceeding  three  hundred  and  twenty  acres ;  where  the  population  is 
more  than  two  hundred  and  less  than  one  thousand,  not  exceeding  six  hun- 
dred and  forty  acres ;  and  where  the  inliabitants  number  one  thousand  and 
over,  not  exceeding  twelve  hundred  and  eighty  acres ;  and  for  each  addi- 
tional  one  thousand  inhabitants,  not  exceeding  five  thousand  in  all,  a  further 
grant  of  three  hundred  and  twenty  acres. 

All  military  and  other  reservations  of  the  United  States,  private  grants, 
and  valid  mining  claims  are  excluded  from  the  operation  of  these  town-site 
laws.  In  patents  issued  thereunder  it  is  expressly  declared  as  follows,  viz : 
"No  title  shall  be  hereby  acquired  to'any  mine  of  gold,  silver,  cinnabar, 
or  copper,  or  any  valid  mining  claim  or  j)ossessiou  \\M  nndrr  existing 
laws  of  Congress."     [Section  2392,  Rev.  Stats.] 

In  any  Territory  in  which  a  land  office  may  not  have  l>een  established, 
the  docliiratory  statements  provided  for  in  the  foregoing  statutes  may  be 
liled  with  the  surveyor  general  of  the  projKT  district. 

In  the  act  of  Congress  of  March  3,  1877,  section  1  restricts  the  amount 
of  land  that  can  be  reserved  from  pre-emption  and  homestead  entry,  by 
reason  of  the  existence  or  incor|>onition  of  a  town  upon  the  pul)li('  domain, 
to  2,560  acres,  unless  the  excess  shall  "be  actually  settled  ujHjn,  iidiabited, 
improvcnl,  and  used  for  business  and  municipal  purjK>scs." 

Section  2  confirms  pre-emption  and  homestead  entries  already  made  within 
the  corporate  limits  of  a  town,  the  entries  Ixjing  regular  in  all  rcs|)ect8, 
jtrovidrd  it  shall  l>e  satisfactorily  shown  that  the  lands  so  entennl  are  "not 
stjttletl  upon  or  used  for  any  mMiii<'ip:il  pnr""-'-  •«'"•  devoted  t<»  ;'n\  nii1.Hr 
use  of  such  town." 


34 

Section  3  provides :  That  when  it  shall  apj)ear  that  the  corporate  limits 
of  a  town  embrace  lands  in  excess  of  the  maximum  quantity  allowed,  the 
proper  authorities  may  select  those  portions  that  are  actually  occupied, 
used,  and  improved  for  municipal  purposes,  which  lands  shall  be  reserved 
from  pre-emption  and  homestead  entry,  and  the  residue  will  be  restored,  or 
become  subject  to  such  settlement  and  entry.  This  selection  must  be  made 
within  sixty  days  from  notice,  and  in  default  thereof,  a  hearing  will  be 
ordered  and  testimony  taken  as  to  the  condition  of  the  land,  and  such  por- 
tion set  apart  as  shall  appear  to  be  within  the  meaning  of  the  act. 

The  fourth  section,  with  the  proviso  to  the  second  section,  provides  for 
additional  entries  by  towns,  wdiere  entries  have  already  been  made,  in  cases 
in  which  an  increase  in  the  number  of  inhabitants  would  entitle  them  to 
an  entry  of  a  larger  area  under  section  2389  of  the  Revised  Statutes  of  the 
United  States,  such  entries,  however,  to  be  within  the  maximum  amount, 
or  2,560  acres. 

STOXE   AND   TIMBER   LANDS. 

The  first,  second,  and  third  sections  of  the  act  of  Congress  of  June  3, 
1878,  (copy  attached,  ]S"o.  8,)  provide  for  the  sale  of  surveyed  lands  in 
California,  Oregon,  Nevada,  and  in  Washington  Territory  not  yet  pro- 
claimed and  offered  at  public  sale,  valuable  chiefly  for  timber  and  stone, 
unfit  for  cultivation,  and  consequently  for  disj)Osal  under  the  pre-emption 
and  homestead  laws.  When  a  party  applies  to  purchase  a  tract  thereunder, 
the  register  and  receiver  will  require  him  to  make  affidavit  that  he  is  a 
citizen  of  the  United  States  by  birth  or  naturalization,  or  that  he  has  de- 
clared his  intention  to  become  a  citizen  under  the  naturalization  laws.  If 
native  born,  parol  evidence  of  that  fact  will  be  received.  If  not  native 
born,  record  evidence  of  the  prescribed  qualification  must  be  furnished. 
In  connection  therewith,  he  will  be  required  to  make  the  sworn  statement 
in  duplicate,  according  to  the  attached  form.  No.  58,  as  provided  for  in  the 
second  section  of  the  act.  One  of  the  duplicate  statements  filed  in  each 
is  by  the  act  required  to  be  transmitted  to  this  office,  and  the  registers  and 
receivers  will  accordingly  send  up  with  their  monthly  returns  the  duplicate 
statements  to  be  transmitted  for  the  month. 

The  evidence  in  regard  to  the  publication  of  notice  required  to  be  fur- 
nished, in  the  third  section  of  the  act,  must  consist  of  the  affidavit  of  the 
publisher  or  other  person  having  charge  of  the  newspaper  in  which  the 
notice  is  published,  with  a  copy  of  the  notice  attached  thereto,  setting  forth 
the  nature  of  his  connection  with  the  paper,  and  tliat  the  notice  was  duly 
published  for  the  prescribed  period.  The  evidence  required  in  the  same 
section  with  regard  to  the  non-mineral  character  of  the  land,  and  its  unoc- 
cupied and  unimproved  condition,  must  consist  of  the  testimony  of  at  least 
two  disinterested  witnesses,  to  the  effect  that  they  know  the  facts  to  whicli 


35 

they  testify  from  personal  inspection  of  the  land  and  of  each  of  its  smallest 
legid  subdivisioas,  as  per  form  attached,  No.  59.  This  testimony  may  be 
taken  before  the  register  or  receiver,  or  any  officer  using  an  official  seal  and 
authorized  to  administer  oaths  in  the  land  district  in  which  the  land  lies. 
Upon  such  proof  being  produced,  if  no  adverse  claim  shall  have  been  filed, 
the  entry  a[)plied  for  may  be  allowed  in  pursuance  of  the  provisions  of  the 
act.  The  receiver  will  iasue  his  receipt  for  the  purchase  money,  and  the 
register  his  certificate  of  purchase,  numbering  the  entry  in  the  regular  cash 
series.  (Forms  of  application,  receipt,  and  certificate  are  attached,  Nos.  14, 
lo,  and  16.)  The  register  and  receiver  will  enter  tlie  sale  on  their  books 
and  make  the  asual  returns  therefor  to  this  office,  noting  on  the  monthly 
abstracts,  opposite  the  entry,  and  on  the  entry  i)apers,  a  reference  to  the 
act  of  Congress  under  which  allowed.  They  will  forward  all  the  papers 
in  the  case  with  their  returns  to  this  office,  except  the  retained  du})licate 
statement  filed  under  the  second  section  of  the  act,  to  which  the  register 
will  give  the  same  number  with  the  other  papers  for  the  entry,  and  retain 
it  on  the  appropriate  file  with  the  formal  application  in  his  office. 

The  register  and  receiver  will  be  entitled  to  a  fee  of  five  dollars  each  for 
allowing  an  entry  under  said  act,  and  jointly  at  the  rate  of  twenty-two  cents 
and  a  half  per  hundred  words  for  testimony  reduced  by  them  to  writing 
for  claimants,  which  will  be  accounted  for  as  other  fees. 

If,  at  the  expiration  of  the  sixty  days'  notice  })rovidcd  for  in  the  third 
section  of  the  act,  an  advei'se  claim  should  be  found  to  exist  calling  for  an 
investigation,  the  register  and  receiver  will  allow  the  parties  a  hearing  ac- 
cording to  the  rules  of  practice. 

In  case  of  an  association  of  persons  making  a[) plication  for  such  an 
entry,  each  of  the  persons  must  prove  the  requisite  qualifications,  and  their 
names  must  apjx?ar  in  and  be  subscribed  to  the  sworn  statement,  as  in  case 
of  an  individual  person.  They  must  also  unite  in  the  regular  application 
for  entry,  which  will  be  made  in  their  joint  names  as  in  other  casts  of  joint 
cash  entry.  The  forms  prescrilxxl  for  cases  of  applications  by  individual 
persons  may  Ix;  adapted  for  use  in  applications  of  this  class. 

PRESENTATION   OF   APPEALS. 

Any  person  making  apj)lication  to  file  ui><m  or  enter  a  tract  of  public 
land,  having  complied  with  the  law  and  regulations  touching  the  ])resen- 
tation  of  such  applications,  and  feeling  aggrieved  by  the  refusal  of  the  reg- 
ister and  rwxiiver  to  recognize  his  claim,  or  by  any  order,  direction,  or  con- 
dition affi^'ting  the  same,  may  apiwal  from  the  action  of  those  officer  to  the 
Commissioner  of  the  General  Land  Olliw,  who  is  by  law  invested  with  the 
supervision  and  control  of  all  matters  relating  to  the  (lis|>osid  of  the  public 
lands,  subject  to  the  direction  of  the  SL'cretary  of  the  Interio:-.  (Revised 
SUitutes,  sets.  453  and  2478.) 


36 

For  the  purpose  of  enabling  such  appeal  to  be  taken  and  perfected,  the 
register  and  receiver  will  indorse  upon  the  written  application  the  date 
when  presented  and  their  reasons  for  refusing  it,  promj)tly  advising  the 
party  in  interest  of  the  facts,  and  note  upon  their  records  a  memorandum 
of  the  transaction.  The  party  aggrieved  will  then  be  allowed  thirty  days 
from  the  receipt  of  notice  of  such  action  within  which  to  file  his  appeal  to 
the  Commissioner. 

The  appeal  must  be  in  writing,  definitely  setting  forth  in  clear  and  con- 
cise terms  the  specific  points  of  exception  to  the  decision  appealed  from,  and 
the  reason  or  reasons  upon  which  such  exceptions  are  based. 

Of  the  sufficiency  of  such  appeal  this  office  will  be  the  judge,  and  will 
dismiss  from  further  notice  any  case  wherein  the  appeal  is  based  upon 
frivolous  grounds,  or  where  the  proper  formalitias  and  grounds  are  want- 
ing, unless,  in  the  record  itself,  either  of  the  case  or  upon  the  books  of  this 
office,  some  sufficient  cause  shall  be  found  for  further  consideration  under 
the  general  power  of  supervision  vested  in  the  Commissioner  by  law. 

Upon  objection  to  the  finding  of  this  office  regarding  an  appeal,  the 
matter  will  be  reported  to  the  Honorable  Secretary  of  the  Interior  for  his 
.  direction  therein . 

The  appeal  must  in  all  cases  be  filed  with  the  district  officers,  to  be  for- 
warded by  them  with  a  full  report  of  the  case  to  this  office. 

This  report  should  recite  the  proceedings  had,  to  wit:  The  application 
and  rejection,  with  the  reasons  therefor,  and  also  the  status  of  the  tract 
involved,  as  shown  by  the  records  of  the  office,  together  with  a  reference 
to  all  entries,  filings,  annotations,  memoranda,  and  correspondence  shown 
by  such  record  relating  thereto,  so  as  to  direct  the  attention  of  the  Com- 
missioner to  all  the  material  facts  and  issues  necessary  to  a  proper  deter- 
mination of  the  questions  presented. 

No  appeal  from  the  decision  of  the  register  and  receiver  will  be  received 
at  the  General  Land  Office  unless  forwarded  through  the  local  officers  in 
the  manner  herein  prescribed. 

The  report  should  be  forwarded  at  once  upon  the  filing  of  the  appeal, 
except  in  contested  cases  after  regular  hearing,  when,  unless  all  parties 
request  its  earlier  transmission,  it  should  not  be  made  until  the  expiration 
of  the  thirty  days  included  in  the  notice,  in  order  that  all  parties  may  have 
full  opportunity  to  examine  the  record  and  prepare  their  argument  upon 
the  questions  at  issue.  All  documents  once  received  must  be  kept  on  file 
with  the  cases,  and  no  papers  Avill  be  allowed  under  any  circumstances  to 
be  removed  from  such  files  or  taken  from  the  custody  of  the  register  and 
receiver;  but  access  to  the  same  under  proper  rules,  so  as  not  to  interfere 
with  necessary  public  business,  should  be  permitted  to  the  parties  in  interest, 
under  the  supervision  of  those  officers. 

Upon  any  question  relating  to  the  disposal  of  the  public  lands,  appeal 


37 

from  the  decision  of  the  CoramLssioner  of  the  General  Land  Office  will  lie 
to  the  Secretary  of  the  Interior,  (Revised  Statutes,  sees.  441,  2273,)  except 
in  cases  of  interlocutory  orders  and  decisions,  and  orders  for  hearing,  or 
other  matters  resting  in  the  sound  discretion  of  the  Commissioner.  Such 
latter  cases  constitute  matters  of  exception,  which  should  be  noted,  and  they 
will  be  considered  by  the  Secretary  on  review. 

The  appeid  is  required  to  be  made  in  writing,  fairly  and  specifically 
stating  the  points  of  exception  to  the  decision  apj^ealed  from,  and  must  be 
filed  cither  with  the  register  and  receiver  for  transmission,  or  with  the 
Commissioner,  within  sixty  days  from  receipt,  by  the  party  or  his  attorney, 
of  the  notice  of  the  decision. 

After  appeal  is  filed,  the  fact  of  its  receipt  and  pendency  will  be  promptly 
communicated  to  the  district  office  and  to  the  parties,  and  thirty  days  from 
service  of  such  notice  will  be  allowed  for  the  filing  of  argument  on  the 
points  involved  in  the  controversy.  At  the  expiration  of  the  time  pre- 
scribed, the  papers  and  record  will  be  forwarded  to  the  Secretary  of  the 
Interior.  All  arguments  shall  be  filed  with  the  Commissioner  within  the 
time  specified  in  the  notice,  in  order  that  they  may  be  referred  to  and  con- 
sidered in  transmitting  the  case  to  the  Secretary,  if  deemed  expedient  by 
the  Commissioner.  Examination  of  cases  on  appeal  to  the  Secretary  will 
be  facilitated  by  filing  in  printed  form  such  argument  as  it  is  desired  to 
have  considered. 

Pecisions  of  the  Commissioner  not  appealed  from  within  the  period  pre- 
scribed become  final,  and  the  ciise  will  be  regularly  closed.  (Revised  Stat- 
utes, sec.  2273.) 

The  decision  of  the  Secretary  is  necessarily  final,  so  far  as  respects  the 
action  of  the  Executive. 

REGISTEIIS   AND   RECEIVERS. 

It  is  the  duty  of  the  registers  and  receivers  to  be  in  attendance  at  their 
offices,  and  give  proper  facilities  and  information  to  i>ersons  applying  for 
lands. 

-Within  three  days  IVoiii  tlu^  close  of  each  nnmth  llicy  arc  riMpiiriil  to 
make  out  and  transmit  to  the  General  Land  Office  a  statement  of  the  biLsi- 
ness  of  their  resj)ective  offices  for  the  preceding  month. 

These  reports  are  in  the  form  of  abstracts  of  pre-emption  declarations 
and  of  soldiers^  declarations  filed,  abstracts  of  lands  sold,  abstracts  of  home- 
steads entered,  abstracts  of  timber-culture  entries  allowed,  abstracts  of 
military  bounty  land  warrants  and  of  agricultural-college  scrip  located, 
aecomi)anied  by  the  certificates  of  purchase,  receivei-s'  receipts,  homestead 
and  timlxjr-culture  appliciitions  and  affidavits,  military  bounty  land  war- 
rants and  agricultural-college  scrip  surrendered  as  satisficKl,  and  the  certifi- 
cates of  location  thereof.     Names  of  parties  must  be  clearly  and  legibly 


38 

written  in  these  papers  to  correspond  with  the  signature  to  every  applica- 
tion ;  and  when  spelled  in  two  or  more  ways,  or  illegibly  written  by  the 
person  signing,  the  register  must  ascertain  by  proper  inquiry  the  correct 
orthography  and  certify  to  the  same  upon  the  margin  of  the  certificate. 

The  abstracts,  after  being  carefully  examined  by  the  register  and  receiver, 
are  to  be  certified  by  them  as  correct  and  as  in  conformity  with  the  papers 
in  the  entries  or  locations  embraced  therein,  and  with  their  records,  which 
papers,  abstracts,  and  records  must  agree  with  each  other. 

The  receiver  is  required  also  to  render  promptly  a  monthly  account  of  all 
moneys  received,  showing  the  balance  due  the  Government  at  the  close  of 
each  month. 

At  the  end  of  every  quarter  he  must  also  transmit  a  quarterly  account  as 
receiver;  upon  the  several  accounts  an  adjustment  is  here  made,  and  sub- 
mitted to  the  Treasury  Dej)artment  for  final  settlement. 

He  must  also  render  a  quarterly  disbursing  account  of  all  moneys  ex- 
pended. 

He  is  required  to  deposit  the  moneys  received  by  him  at  some  deposi- 
tory designated  by  the  Secretary  of  the  Treasury,  Avdien  the  amount  on 
hand  shall  have  reached  the  sum  of  one  thousand  dollars;  and  in  no  case 
is  he  authorized,  Avithout  special  instructions,  to  hold  a  larger  amount  in 
his  hands. 

Registers  and  receivers  of  the  land  offices  are  not  authorized  by  laAv  to 
make  any  charges  for  their  services  in  accepting  or  entering  pre-emption  or 
homestead  claims,  other  than  such  as  are  herein  set  forth.  By  section  2242 
of  the  Revised  Statutes  it  is,  among  other  things,  provided  that  upon  satis- 
factory proof  that  either  of  said  officers  has  charged  or  received  fees  or  other 
rewards  not  authorized  by  law,  he  shall  forthwith  be  removed  from  office. 
To  them,  their  official  clerks  and  employes,  and  to  those  intimately  and 
confidentially  related  to  them,  or  their  official  clerks  and  employes,  it  is  for- 
bidden to  make  entries  of  public  lands  at  the  district  offices  with  which  they 
are  respectively  connected. 

Laws  and  instructions  relating  to  mining  claims  form  the  subject  of  a 
separate  circular. 

J.  A.  WILLIAMSON, 

Commissioner  of  the  General  Land  Office. 


39 


[No.  1.] 

REVISED  STATUTES  OF  THE  UNITED  STATES. 

Title  xxxii.— THE  PUBLIC  LANDS.— Ch.  2. 

REGISTERS  AND   RECEIVERS. 

Section  2234.  There  shall  be  appointed  by  the  Prcsl-  t,.;!;'r/i"rZrve« '**^*' 
dent,  by  and  with  the  advice  and  consent  of  the  Senate,  a  ingiar.lwutriS***"***' 
register  of  tlic  hmd-office  and  a  receiver  of  public  moneys,  for  each  land- 
district  established  by  law. 

Sec.  2235.  Every  register  and  receiver  shall  reside  at  anfrSHrver.**'  '***^'' 
the  place  where  the  land-office  for  which  he  is  appointed  i„g7and-dT«!riS"''"'^" 
is  directed  by  law  to  be  kept. 

Sec.  2236.  Every  register  and  receiver  shall,  before  r^.JJl"'.^''^  '^^'*^'""  *°*^ 
entering  on  the  duties  of  his  office,  give  bond  in  the  penal  i/elv^^Jf  H?^:'>'^V?'"!i 
sum  of  ten  thousand  dollars,  with  approved  security,  for  J!iS;p.245?' '''^*^'**^' 
the  faithful  discharge  of  his  trust. 

Sec.  2237.  Every  register  and  receiver  shall  be  allowed  re??;;;j.f'°^"'«''**"'*"'* 
an  annual  salary  of  five  hundred  dollai^.  G,^\f,^KWx%n'M^rt'' 

1818,  c!  123,  V.  3,*'i..*466.  ' 

Sec.  2238.  Registers  and  receivers,  in  addition  to  their  ofTe^8?er'^amrr?iof!en 
salaries,  shall  be  allowed  each  the  following  fees  and  com-  uy%^'\;'^^'2ildk^ 
niis.^ions,  namely :  T' ''  ^'  "•'*'  "'^^  ^'' 

First,  A  fee  of  one  dollar  for  each  declaratory  statement  filal,  and  for 
services  in  acting  on  pre-emption  claims. 

Second.  A  commission  of  one  per  centum  on  all  moneys  ^  ^  ^^jjjj''  ^*'^^»  ^'  ^^ 
received  at  each  receiver's  office. 

Third.  A  commission  to  be  paid  by  the  homestead  ap-     21  M»rth,  isei.cM, 
])lK-ant,  at  the  tmie  01  entry,  of  one  per  centum  on  the  isea,  c  75. 1.. «.  v.i2,|.. 
cash  price,  as  fixed  by  law,  of  the  land  applied  for;  and  a  2y4,«.r.,v.i6,j..32o. 
like  commission  when  the  claim  is  finally  established,  and  the  certifimtc 
therefor  issued  as  the  basis  of  a  patent. 

Fourth.  The  same  commission  on  lands  entered  under  «.  J  ^f^l'p.aS^  *"•*"• 
any  law  to  encourage  the  growth  of  timber  on  western  prairies,  as  allowed 
M'hcii  the  like  (juantity  of  land  is  entcre<l  with  money. 

Fifth.  For  locating  military  bounty-land  warrants  „.^",*[^»."i^4l^'^J'J;,ly; 
issued  since  the  eleventh  day  of  February,  eighteen  bun-  JJJ^c.iso,..?,  v.  12,  p. 
dred  and  fort}'-seven,  and  for  hn^ating  agricultural  college  land-scrij),  the 
same  commission  to  be  paid  by  the  holder  or  assignee  of  each  warrant  or 
scrij),  as  is  allowed  for  sales  of  the  public  lands  for  cash,  at  the  rate  of  one 
dollar  and  twenty-five  cents  per  acre. 


40 

v.??,Tl6r'''-''''''  Sixth.  A  fee,  in  donation  cases,  of  five  dollars  for  each 
final  certificate  for  one  hundred  and  sixty  acres  of  land;  ten  dollars  for 
three  hundred  and  twenty  acres ;  and  fifteen  dollars  for  six  hundred  and 
forty  acres. 

v/ia^'S"^' '•'"'''•''  Seventh.  In  the  location  of  lands  by  States  and  corpo- 
rations under  grants  from  Congress  for  railroads  and  other  purposes, 
(except  for  agricultural  colleges,)  a  fee  of  one  dollar  for  each  final  location 
of  one  hundred  and  sixty  acres;  to  be  paid  by  the  State  or  corporation 
making  such  location. 

5,''.  tf^eT'' '■ '''  '■  Eighth.  A  fee  of  five  dollars  per  diem  for  superintend- 
ing public-land  sales  at  tlieir  respective  offices ;  and  to  each  receiver,  mile- 
age in  going  to  and  returning  from  depositing,  the  public  moneys  received 
by  him. 

i2'?.i77p.lf'' '•'"'''•  ^inth.  A  fee  of  five  dollars  for  filing  and  acting  upon 
each  application  for  patent  or  adverse  claim  filed  for  mineral  lands,  to  be 
paid  by  the  respective  parties. 

s.4,\'!^3j^p!35.^*^*'^'"^^'  Tenth.  Registers  and  receivers  are  allowed,  jointly,  at 
the  rate  of  fifteen  cents  per  hundred  words  for  testimony  reduced  by  them 
to  writing  for  claimants,  in  establishing  pre-emption  and  homestead  riglits. 
liViiH^^?'"'^''^'^'  Eleventh.  A  like  fee  as  provided  in  the  preceding  sub- 
division when  such  writing  is  done  in  the  land-office,  in  establishing  claims 
for  mineral  lands. 

21  March,  18C4,  c.38,  Twclfth.  Rcgistcrs  aud  receivers  in  California,  Oregon, 
Jrai^'acts^estabiisMng  Washiugtou,  Ncvada,  Colorado,  Idaho,  New  Mexico, 
wyoming,ana  Montana!  A.rizoua,  Utah,  Wyomiug,  and  Montana,  are  each  entitled 
to  collect  and  receive  fifty  per  centum  on  the  fees  and  commissions  pro- 
vided for  in  the  first,  third,  and  tenth  subdivisions  of  this  section. 

Fees  of  register  and       Sec.  2239.  Tlic  rcgistcr  for  auy  consolidated  land-dis- 

receiver  for  consolidated    >•,•  t  !•••  ixi        n  n  ii        i  ini 

land  offices.  trict,  lu  additiou  to  the  tees  now  allowed  by  law,  shall  be 

1, 3,  V.  i2,''p.  131. '  '  '  entitled  to  charge  and  receive  for  making  transcripts  for 
individuals,  or  furnishing  any  other  record  information  respecting  public 
lands  or  land-titles  in  his  consolidated  land-district,  such  fees  as  are  prop- 
erly authorized  by  the  tariff  existing  in  the  local  courts  of  his  district ;  and 
the  receiver  shall  receive  his  equal  share  of  such  fees,  and  it  shall  be  his 
duty  to  aid  the  register  in  the  preparation  of  the  transcripts,  or  giving  the 
desired  record  information. 
Maximum  of  compen-      Sec.  2240.  Thc  compeusatiou  of  registers  and  receivers, 

sation  for  registers  and   .,,.  ,  ^  -,  ..  in* 

receivers.  includinp*  salarv,  lees,  and  commissions,  shall  m  no  case 

21  March,  1864,  c,  38,     '  i     .  i  i  i  i      i    n 

s.  6,  V.  13,  p.  36.  20Api.,  cxcccd  lu  the  ao-p^reo-ate  three  thousand  dollars  a  year, 

1818,  c.  123,  V.  3,  p.  466.  &&      »  ^  .         p  ^  ^ 

20  May,  1862,  c.  75,  s.  6,  each  1  and  no  reerister  or  receiver  shall  receive  lor  any  one 

V.  12,  p.  393.    30  May,  '  °  :; 

1862,  c.  86  s  6,  v.i2,p.  quarter  or  fractional  quarter  more  than  a  pro-rata  allow- 

409.     IJuly,  1864,  c.  196,     i  1  -•- 

Ma;ch,iS2,^c.S,'s.3.''  ^^^c  of  such  maximum. 

10,  p.  4.  2  July,  1862,  c.  1.30,  s.  7,  v.  12,  p.  505.  2  Feb.,  1859,  c.  19,  v.  11,  p.  378.  IS  Feb.,  1861,  c.  38,  ss.  1, 3,  v.  12, 
p.  131.— U.  S.  vs.  Babbit,  1  Bl.,  55. 


41 

Sec.  2241.  Whenever  the  amount  of  comixjnsation  re-     k«c««  of  comi 

ceived  at  any  land-office  exceeds  tlie  maximum  allowe<l  by  Tmumry. 

law  to  an\^  rej^istcr  or  receiver,  the  excess  sliall  Ik;  paid  i.»io.i».3i>«.  i«  f^- 
I      rn  111.  iHoi,  c.  an,  ■^l.S.T.ia, 

into  the  ireasury,  as  other  pubhc  moneys.  pia»- 

Sec.  2242.   No  register  or  receiver  sliall  receive  anv     iiicg«ifrw:  Kwiity. 

compensation  out  of  the  Ireasury  lor  past  services  who  •.3,v.io.n.4.  n  juiy, 

11  1  •  1      .11  1     /.  1  .     /.  lH.'»4,C.»f...  0,  T.H|.. 

has  cliargeil  or  receivetl  illegal  tees;  and,  on  satisiactory  ^*- 
proof  tliat  either  of  such  officers  has  charged  or  received  fees  or  other 
rewards  not  autliorizcil  by  law,  he  shall  l>e  forthwith  removed  from  office. 
Sec.  2243.  The  compensation  of  registers  and  receivers,     romiH-rmtion  of  n-K- 

-.-  -  ,..  Ill  11        iit*'™     ««<!      rw.-H»er«, 

both  lor  salary  and  commissions,  shall  commence  and  be  w»"n  to rommcncr. 

.  ,  ^4  IVh.,  IKV..  ..  1J4.«, 

calculated  from  the  time  they,  resjiectively,  enter  on  tlie  3.v.io,i..oi-. 
discharge  of  their  duties. 

Sec.  2244.   All   registers  and   receivers  shall  be  ap-  reSsu-^ nirr. oh .^^^^^^ 
pointed  for  the  term  of  four  years,  but  shall  be  removable  i/v^afl"^*^!*^*'*'^*' 
at  pleasure. 

Sec.  2245.  The  receivers  shall  make  to  the  Secretary  ,/iaunlVf"ic^dJ?i^ 
of  the  Treasury  monthly  returns  of  the  moneys  received  v.l'I"i"l*^'''**^**"' 
in  their  several  offices,  and  pay  over  such  money  pursuant  to  his  instruc- 
tions. And  they  shall  also  make  to  the  Commissioner  of  the  General  Land 
Office  like  monthly  returns,  and  transmit  to  him  quarterly  accounts-current 
of  the  debits  and  cralits  of  their  several  offices  with  the  United  States. 

Sec.  2246.  The  register  or  receiver  is  authorized,  and  uy^;"'J;;to,;''lua"lS?^ 
it  shall  be  their  duty,  to  administer  any  oath  required  by  ""ojumc,  imo,  c.3ft,T. 
law  or  the  instructions  of  the  General  Land-Office,  in  con-  ^'P***- 
nection  with  the  entry  or  purchase  of  any  tract  of  the  public  lands ;  but 
he  shall  not  charge  or  receive,  directly  or  indirectly,  any  comi)ensation  for 
administering  such  oath. 

Sec.  2247.  If  any  person  applies  to  any  register  to  enter  fJl]';;^uiy'J^j!'' 
any  land  whatever,  and  the  register  knowingly  and  falsely  i3,\^';I,'j,: lll^'  "^  *^*'  *" 
informs  the  person  so  applying  that  the  same  has  already  been  entered,  and 
refuses  to  permit  the  person  so  applying  to  enter  the  same,  such  register 
shall  be  liable  therefor  to  the  pci*son  so  applying,  for  $5  for  eac»h  acre  of 
land  which  the  pei*son  so  applying  offered  to  enter,  to  be  recovered  by  aHion 

•  •t'debt  in  any  court  of  record  having  juris<liction  of  the  amount 

*  '        *    ■  *  ♦  *  ♦ 

Tn.i    xxvir.-THE  PUBLIC  LAXDS.—CiT.  4. 

PRE-EMPTIONS. 

Sec.  22.57.  All  lands  belonging  to  the  United  States,  to  JX'*"''^"*  "* '" 
liich  the  Indian  title  has  Ixjen  or  may  hereafter  Ixj  ex-  i  J.ir,'.' m. '"     ^•'' 

unguished,  shall  be  subject  to  the  right  of  pre-emption,  under  tli- ^•- 

tions,  restrictions,  and  stipulations  provide*!  by  law. 


42 


pre'Stion! ""''''""' '"  ^EC.  2258.  The  following  classes  of  lauds,  unless  otlier- 
io^x.ZvA5t'  ""■  ^^'  '■  wise  specially  provided  for  by  law,  shall  not  be  subject  to 
the  rights  of  pre-emption,  to-wit : 

First.  Lands  included  in  any  reservation  by  any  treaty,  law,  or  procla- 
mation of  the  President,  for  any  purpose. 

Second.  Lands  included  within  the  limits  of  any  incor- 

Wilcox  I's.  Jackson,  13  ^  i  i  i  •  o 

Pet,  498;  Josephs  is.  u.  Doratcd  towu,  or  sclectcd  as  the  site  of  a  city  or  town. 

S.,  1    N.  and    H.,  197 ;  ^  '  -^ 

Turner  vs.   American      Third.  Lauds  actuallv  scttlcd  aud  occupicd  for  purposes 

Baptist    Union,    5   Mc-  .  -^  ill 

Lean,  344 ;u.s.i'8  Rail-  of  trade  aud  busiucss,  and  not  for  ao;riculture. 

road  Bridge  Co.,  6  Mc-  '  o 

Beebe  Hem  i^m^  '*'      Fourth.  Lands  on  which  are  situated  any  known  salines 
or  mines. 
Persons  entitled   to      Sec.  2259.  Evcrv  pcrsou,  beiiio;  the  head  of  a  family, 

pre-emption.  ^    r  ?  ?:>  j  i 

10^5^*' 455 ^'  ^'  ^^'  ^'  ^^  widow,  or  single  person,  over  the  age  of  twenty-one 
Pet,  407';"  LyuTTslVr^  years,  aud  a  citizen  of  the  United  States,  or  having  filed  a 
cunnTnghai^^ir«;'  Ash-  declaration  of  intention  to  become  such,  as-  required  by  the 
IiTr'di^HeS  ?J' As/i-  natural izatiou  laws,  who  has  made,  or  hereafter  makes,  a 
Gariand''!4.^\"°irn,'^2d  Settlement  in  person  on  the  public  lands  subject  to  pre- 
iTndcVhn'i,^i*'^BLr325';*  emptiou,  aud  Avho  inhabits  and  improves  the  same,  and 
ca!i,  4^w3i.°2i8.'  "'^"  who  lias  crccted  or  shall  erect  a  dwelling  thereon,  is  author- 
ized to  enter  with  the  register  of  the  land-office  for  the  district  in  which 
such  land  lies,  by  legal  subdivisions,  any  number  of  acres  not  exceeding 
160,  or  a  quarter  section  of  land,  to  include  the  residence  of  such  claimant, 
upon  paying  to  the  United  States  the  minimum  price  of  such  land. 
to^>rrempt?on/''"'^''^  Sec.  2260.  The  following  classes  of  persons,  unless 
lo^A p'is!^' *'"  ^^'  ^'  otherwise  specially  provided  for  by  law,  shall  not  acquire 
any  right  of  pre-emption  under  the  provisions  of  the  preceding  sections, 
to-wdt : 

First.  Xo  person  who  is  the  proprietor  of  320  acres  of  land  in  any  State 
or  Territory. 

Second.  No  person  who  quits  or  abandons  his  residence  on  his  own  land 
to  reside  on  the  public  land  in  the  same  State  or  Territory. 
em^ptTon'rSht.  ''^  ^'''"  ^EC.  2261.  No  pcrsou  shall  be  entitled  to  more  than 
lofv^sIp.'Ss.^'s^Mlr'ch,'  o^^6  pre-emptive  right  by  virtue  of  the  provisions  of  sec- 
1843,  c.  86,  S.4,  v.  o,  p.  ^-^^^  2259;  uor  where  a  party  has  filed  his  declaration  of 
intention  to  claim  the  benefits  of  such  provisions,  for  one  tract  of  land,  shall 
he  file,  at  any  future  time,  a  second  declaration  for  another  tract. 
i8t^wher?fi?Id;pSy.'  ^^^'  2262.  Beforc  any  person  claiming  the  benefit  of 
isfv^sfp'ile?'  *"■  ^*^'  ^'  tl^is  chapter  is  allowed  to  enter  lands,  he  shall  make  oath 
before  the  receiver  or  register  of  the  land-district  in  which  the  land  is  sit- 
uated that  he  has  never  had  the  benefit  of  any  right  of  pre-emption  under 
section  2259 ;  that  he  is  not  the  owner  of  320  acres  of  land  in  any  State  or 
Territory;  that  he  has  not  settled  upon  and  improved  such  land  to  sell  the 
same  on  speculation,  but  in  good  faith  to  appropriate  it  to  his  own  exclu- 


-  r*. 


I'tl; 
'.ill. 


43 

sivo  use;  and  that  liu  has  not,  directly  or  indirectly,  nuule  any  agreement 
or  contract,  in  any  way  or  manner,  witli  any  jK^rson  whatever,  hy  which 
the  title  which  he  might  acquire  from  the  Government  of  the  Uniteil  States 
should  inure  in  whole  or  in  part  to  the  Ixinefit  of  any  person  cx(X.'pt  him- 
self; and  if  any  porson  taking  such  oath  swears  i'alsdy  in  the  premises,  he 
shall  forfeit  the  money  which  he  may  have  paid  for  such  land,  and  all  rij^ht 
and  title  to  the  same;  and  any  grant  or  conveyance  which  he  nmv  iiave 
made,  except  in  the  hands  of  bona  fide  purchasers,  for  a  valuable  consider- 
ation, shall  be  null  and  void,  except  as  provided  in  section  2288.  And  it 
shall  bo  the  duty  of  the  officer  administering  such  oath  to  file  a  certificate 
thereof  in  the  public  land-office  of  such  district,  and  to  transmit  a  duplicate 
copy  to  the  General  Land-Office,  either  of  which  shall  be  good  and  suffi- 
cient evidence  that  such  oath  was  administeretl  according  to  law. 

Sec.  2263.  Prior  to  any  entries  being  made  under  and     I'^^^'f  "f  wuiomrut: 
bv  Virtue  oi  the  provisions  oi  section  22o9,  i)roof  of  the  »'""  "«•"«• 
settlement   and  improvement  thereby  required  shall  be^-'"''"'' 
made  to  the  satisfaction  of  the  register  and  receiver  of  the  J/;',); ; 
land-district  in  which  such  lands  lie,  agreeably  to  such 
rules  as  may  be  prescribed  by  the  Secretary  of  the  lute-  . 
rior;  and  all  assignments  and  transfers  of  the  right  hereby  n 
secured,  prior  to  the  issuing  of  the  patent,  shall  be  null  i; 
and  void. 

Sec.  2264.  Whenanypjrson  settles  or  improves  a  tract  ^  /""'•""•'" 
of  land  subject  at  the  time  of  settlement  to  private  entry,  |  , 
and  hitends  to  purchase  the  same  under  the  preceding  pro-  isj^^'j 
visions  of  this  chapter,  he  shall,  within  thirty  days  after  the  date  of  such 
settlement,  file  with  the  register  of  the  proper  district  a  written  statement, 
describing  the  land  settled  upon,  and  declaring  his  intention  to  claim  the 
same  under  the  pre-emption  laws;  and  he  shall,  moreover,  within  twelve 
months  after  the  date  of  such  settlement,  make  the  proof,  afiidavit,  and 
piyment  hereinbefore  required.  If  he  fails  to  file  such  written  statement, 
or  to  make  such  affidavit,  proof,  and  i)aymcnt  within  the  scvenil  pori<ids 
named  above,  the  tract  of  land  so  settl«'<l  and  iiM)>r<»vtd  sli.dl  Iw  ^nhiitf  !•» 
iIk'  entry  of  any  other  purchaser. 

Sec.  2265.  Every  claimant  under  the  pre-emption  law     cuim  ni«i  i.y  .mi^r 
tor  land  not  yet  proclaimeil  for  sale  is  r(K|Uircd  to  make  « 
known  his  claim  in  writing  to  the  register  of  the  projKir     j_,^^^^^^^      -  ^. 
land-office  within  three  montlis  from  the  time  of  the  aet-  nw^u^Tt. 
tlcment,  giving  the  designation  of  the  tract  and  the  time  of  si'ttlcmcnt; 
otherwise  his  claim  shall  be  forfeited  and  the  tract  awunlwl  to  the  next 

I  ler,  in  the  order  of  time,  on  the  same  tract  of  land,  who  has  given  uucli 
notice  and  otherwise  complied  with  the  conditions  of  the  law. 


r>»4i, 

«7. 


44 

mPnToTsSi's  onli^n-  ^^^'  ^^^^^  ^^  regard  to  settlements  wliich  are  author- 
^urveyed  lands,  when  j^^j  upoii  unsurvejed  lands,  the  pre-emption  claimant  shall 
i,f.i2^l:lio^'  ''■^^'  '■  be  in  all  cases  required  to  file  his  declaratory  statement 
within  three  months  from  the  date  of  the  receipt  at  the  district  land-office 
of  the  approved  plat  of  the  township  embracing  such  pre-emption  settle- 
ment. 


ants 


S; 'w'o?  making  ^EC.  2267.  All  claimauts  of  pre-emption  rights,  under 
^'w^juiyf  i87ot"c.'  272,  ^^^  ^^^'^  preceding  sections,  shall,  when  no  shorter  time  is 
MarchT'isTi,  \S%,  y.  prGScribcd  bv  law,  make  the  proper  proof  and  payment 
^^'  ^'  ^^'  for  the  land  claimed  within  thirty  months  after  the  date 

prescribed  therein,  respectively,  for  filing  their  declaratory  notices,  has 
expired. 

ceSilrct^sfo  pylons  ^EC.  2268.  ^yhere  a  pre-emptor  has  taken  the  initiatory 
llr^ce^'^  ^"*^  ''^"'^^  Steps  required  by  law  in  regard  to  actual  settlement,  and 
s.  5S-!^i37p.':i^^' ^' "^'  is  called  away  from  such  settlement  by  being  engaged 
in  the  military  or  naval  service  of  the  United  States,  and  by  reason 
of  such  absence  is  unable  to  appear  at  the  district  land-office  to  make 
before  the  register  or  receiver  the  affidavit,  proof,  and  payment,  respec- 
tively, required  by  the  preceding  provisions  of  this  chapter,  the  time  for 
filing  such  affidavit  and  making  final  j)roof  and  entry  or  location  shall  be 
extended  six  months  after  the  expiration  of  his  term  of  service,  upon 
satisfactory  proof  by  affidavit,  or  the  testimony  of  witnesses,  that  such 
pre-emptor  is  so  in  the  service,  being  filed  with  the  register  of  the  land- 
office  for  the  district  in  which  his  settlement  is  made. 
mfung^Sml  '?ErTo  ^EC.  2269.  Whcrc  a  party  entitled  to  claim  the  benefits 
'^TMarc'hfi843,c.86,s.  ^f  the  prc-cmptiou  laws  dies  before  consummating  his 
2,  T.  o,  p.  620.  claim,  by  filing  in  due  time  all  the  papers  essential  to  the 

establishment  of  the  same,  it  shall  be  competent  for  the  executor  or  admin- 
istrator of  the  estate  ,  of  such  party,  or  one  of  his  heirs,  to  file  the  neces- 
sary papers  to  complete  the  same ;  but  the  entry  in  such  cases  shall  be 
made  in  favor  of  the  heirs  of  the  deceased  pre-emptor,  and  a  patent  thereon 
shall  cause  the  title  to  inure  to  such  heirs,  as  if  their  names  had  been 
specially  mentioned. 

laS?;3"Tvacr^^^^^^^  Sec.  2270.  Whenever  the  vacancy  of  the  office  either 
r?ce^?ernottSct&J^  of  rcgistcr  or  receiver,  or  of  both,  renders  it  impossible 
6,v.^5,''p?62a*^'''"^^''"  for  the  claimant  to  comply  with  any  requisition  of  the 
pre-emption  laws  within  the  appointed  time,  such  vacancy  shall  not  operate 
to  the  detriment  of  the  party  claiming,  in  respect  to  any  matter  essential 
to  the  establishment  of  his  claim ;  but  such  requisition  must  be  complied 
with  within  the  same  period  after  the  disability  is  removed  as  would  have 
been  allowed  had  such  disability  not  existed. 


Sec.  2271.  The  provisions  of  this  chapter  sliall  be  so  iHiKis^oinui*  no  "con- 
en  >iistrue(l  as  not  to  confer  on  any  one  a  right  of  pre-emp-  "'Jo'luK^'iHif^los, 
'  'Oil,  by  reason  of  a  settlement  made  on  a  tract  tlieretofore  ^'  ^'  ^''  '^^*" 
lisposetl  of,  when  sucli  disposal  has  not  been  confirmed  by  the  General 
l/md-Officc,  on  account  of  any  alleged  defect  therein. 
Sec.  2272.  Nothing  in  the  provisions  of  this  chapter     Purdiaso  by  private 

,,,,  ,1,  11  I'  1  entry    aft«!r    expiration 

^sliail  be  construed  to  preclude  any  person,  who  may  nave  of  pro-omption  nght. 

,, ,     1  .  n    •  •  1    •  Pill  •*  Mar<;Ji,  1843,  c.  86, 8. 

riled  a  notice  ot  intention  to  claim  any  tract  or  land  by  o, v. 5, p. «j2i. 


11 


>;iii 


pic-emption,  from  the  right  allowed  by  law  1x)  other§  to  purchase  such 
act  by  private  entry  after  the  expiration  of  the  right  of  pre-emption. 
Sec.  2273.  When  two  or  more  persons  settle  on  the  wi.on  more  than  one 
le  tract  of  land,  the  right  of  pre-emption  shall  be  in  to"o«;Ssio7i"''''"*'' 
111  111  who  made  the  first  settlement,  provided  such  person  n^5fp!4^.^'i2jun(s 
(Oil forms  to  the  other  provision  of  the  law;  and  all  ques-  p.  32V..'"  "' '  ^"  '  ^'  ' 
tioiis  as  to  the  right  of  pre-emption  arising  between  diifer-  iiow!,°43 ;  ^GarianT\». 

•  ^,  I      n   1        1    ,  •        1   1       ii  'J  1  •  Wynn,20How.,  G;Lind- 

( lit  settlei^  shall  be  determined  by  the  register  and  receiver  seyis.  Hawse,2Bi.,o.54; 

T,.  •!•  I'liii*  •  1  1    Minnesota    vk.   Batchel- 

oi  the  (hstrict  within  which   the  land  is  situated;  and  der,  1  waii., loo;  joim- 
a|>])eals  from  the  decision  of  district  omcers,  in  cases  of  waii.,  72. 
contest  for  the  right  of  pre-emption,  shall  be  made  to  the  Commissioner  of 
General  Land-Office,  whose  decision  shall  be  final,  unless  appeal  there- 

I I  •ill  be  taken  to  the  Secretary  of  the  Interior. 

Sec.  2274. .  When  settlements  have  been  made  upon  agri-  ^.^^f  \™*'8  ""H^Z^^- 

cultural  public  lands  of  the  United  States  prior  to  the  «;^;»>i"«"  before  sur- 

.survey  thereof,  and  it  has  been  or  shall  be  ascertained,  s/iV^^'r^vS' ^■^"'^' 

after  the  public  surveys  have  been  extended  over  such  lands,  that  two  or 

re  settlers  have  improvements  upon  the  same  legal  subdivision,  it  shall 

lawful  for  such  settlers  to  make  joint  entry  of  their  lands  at  the  local 

id-office,  or  for  either  of  said  settlers  to  enter  into  contract  with  his  co- 

ilers  to  convey  to  them  their  portion  of  said  land  after  a  patent  is  issued 

1  him,  and,  after  making  such  contract,  to  file  a  declaratory  statement  in 

own  name,  and  prove  up  and  })ay  for  said  land,  and  proof  of  joint 

upation  by  himself  and  others,  and  of  such  contract  with  them  made, 

ill  be  equivalent  to  proof  of  sole  occupation  and  pre-emption  by  the 

l»licant:  Frorided,  That  in  no  case  shall  the  amount  patented  under  this 

lion  exceed  one  hundred  and  sixty  acres,  nor  shall  this  section  apply  to 

lands  not  subject  to  homestead  or  pre-emption  entry. 

Sec.  2275.  Where  settlements,   with  a  view  to  pre-    s. tti.n...nt8 i.efon- sur- 

,  1       1      /•  1  !•      1        1         1      viv  on  hei-tiitns  U)  or  30, 

ciiiption,  liave  been  made  l)eiore  the  surve\^  01  the  hmus  «i<«i.i..n.ii«  thereof. 

•  ,        «    11         1.    i'  n  1  1  1  1  •  20  Fell.,  1859,  c.  58,  V. 

III  the  field,  which  are  found  to  have  been  made  on  sections  11,  p. 385. 
-ivteen  or  thirty-six,  those  sections  shall  be  subject  to  the  pre-emption 
claim  of  such  settler;  and  if  they,  or  either  of  them,  have  been  or  shall 
be  reserved  or  pledged  for  the  use  of  schools  or  colleges  in  the  State  or 

r<  rritory  in  which  the  lands  lie,  other  lands  of  like  quantity  are  appro- 


46 

priatecl  in  lieu  of  such  as  may  be  patented  by  pre-emptors ;  and  other  lands^ 
are  also  appropriated  to  compensate  deficiencies  for  school  purposes,  where 
sections  sixteen  or  thirty-six  are  fractional  in  quantity,  or  where  one  or- 
both  are  wanting  by  reason  of  the  township  being  fractional,  or  from  any*' 
natural  cause  whatever. 

deltnS  o?  3lfi  Sec.  2276.  The  lands  appropriated  by  the  preceding 
'^26^Feb.,  1859,  c.58,v.  scction  sliall  bc  sclccted,  within  the  same  land-district,  in 
c. 83,' ?i," v.^4^  p.Tt'o!^^'^'  accordance  wdth  the  following  principles  of  adjustment,, 
to  wit:  For  each  township  or  fractional  township  containing  a  greater 
quantity  of  land  than  three-quarters  of  an  entire  township,  one  section; 
for  a  fractional  township  containing  a  greater  quantity  of  land  than  one- 
half,  and  not  more  than  three-quarters,  of  a  township,  three-quarters  of  a 
section;  for  a  fractional  township  containing  a  greater  quantity  of  land 
than  one-quarter,  and  not  more  than  one-half,  of  a  township,  one  half- 
section;  and  for  a  fractional  township  containing  a  greater  quantity  of 
land  than  one  entire  section,  and  not  more  than  one-quarter,  of  a  township, 
one  quarter-section  of  land. 
jiiiitary  bonnty-iand      Sec.  2277.  All]  warrauts   for   military  bounty-lands, 

warnints  receivable  for  .  pitt-io  in 

pre-emption  payments,    wliich  are  issucd  uudcr  any  law  01  the  United  otates,  shall 

22  March,  1852,  c.  19,  .         ,     .  .  . 

s.  1,  V.  10,  p.  3.  be  received  in  payment  of  pre-emption  rights  at  the  rate 

of  one  dollar  and  twenty-five  cents  per  acre,  for  the  quantity  of  land  therein 
specified ;  but  where  the  land  is  rated  at  one  dollar  and  twenty-five  cents 
per  acre,  and  does  not  exceed  the  area  specified  in  the  warrant,  it  must  be 
taken  in  full  satisfaction  thereof. 
Agricuitnrai  -  college      Sec.  2278.  Agricultural-collcge   scrip,  issued   to  any 

scrip  receivable  in  pay-  ^        >    i  i 

ment  of  pre-emptions,    fetatc  uudcr  thc  act  approvcd  Julv  sccond,  eighteen  hun- 

IJuly,  1870,  c.l9G,v.     ,       ,  ,  -    .  ^^  t  i  n       i      ni 

16,  p.  186.  dred  and  sixty-two,  or  acts  amendatory  thereoi,  shall  be 

received  from  actual  settlers  in  payment  of  pre-emption  claims  in  the  same 
manner  and  to  the  same  extent  as  authorized  in  case  of  military  bounty- 
land  warrants,  by  the  preceding  section. 

aio'^ISSiinel.""'      ^EC.  2279.  No  pcrsou  shall  have  the  right  of  pre- 
v.'iofp!'244.^^'''^'  ^■^*^'  emption  to  more  than  one  hundred  and  sixty  acres  along 
the  line  of  railroads  within  the  limits  granted  by  any  act  of  Congress. 
Pre-emption  rights      Sec.  2280.  Aiw  scttlcr  ou  lauds  heretofore  reserved  on 

on    lands    reserved    for  /»      i    •  i        t^  i      r-.  •   i  i 

grants  found  invalid,      accouut  01  claims  uudcr  t  rcuch,  bpanish,  or  other  grants, 

3  March,  1853,  c.  143,        ,   .    ,      ,  ,  i         i  p  i      i  i     ?  i 

V.  10,  p.  244.  which  have  been  or  may  be  hereafter  declared   by  the 

Supreme  Court  of  the  United  States  to  be  invalid,  shall  be  entitled  to  all 
the  rights  of  pre-emption  granted  by  the  preceding  provisions  of  this 
chapter,  after  the  lands  have  been  released  from  reservation,  in  the  same 
manner  as  if  no  reservation  had  existed. 
Pre-emption  rights      Sec.  2281.  All  scttlcrs  OU  pubHc  kuds  which  have 

on   lands    reserved    for  |  ,  • ,  i    i  p  i      ^     • 

railroads.  becu  or  may  be  withdrawn  irom  market  in  consequence 

V.  10,  p.  269.  14  July'  of  ])roposed  railroads,  and  who  had  settled  thereon  prior 

1870,  c.  272,  s.  2,  V.  10,  ^       ,^         .   ,    ^  ,       ,      , ,    ,  .   t     i 

p.  279.  to  such  Withdrawal,  shall  be  entitled  to  pre-emption  at 


47 

the  onliiiarv  iiiiiiimum  lo  the  lands  settled  on  and  cultivated  by  them;  but 
they  .shall  file  the  proper  notices  of  their  claims  and  make  j)roof  and  pay- 
ment as  in  other  cases. 

Sec.  2282.  Nothing  contained  in  this  chapter  shall  aoSt'l'Vc':"'^ ""' '"^ ^' 
delay  the  sale  of  any  of  the  public  lands  beyond  the  time  iifvAp;4!5*.''  ^'^'^' "' 
unpointed  by  the  proclamation  of  the  President. 

Sec.  228.3.  The  Osage  Indian  trust  and  diminished-  ww/ilow'lobom.i.L 

-erve  lands  in  the  State  of  Kansas,  excepting  the  six-  i,  v/it/p'.  y<j.  ''"  *''' 
lenthand  thirty-sixth  sections  in  each  township,  shall  be  subject  to  dis- 
I'  'sal,  for  cash  only,  to  actual  settlers,  in  quantities  not  exceeding  one 
hundred  and  sixty  acres,  or  one  quarter-section  to  each,  in  compact  form, 
in  accordance  with  the  general  principles  of  the  pre-enq)tion  laws,  under 
the  direction  of  tlie  Commissioner  of  the  General  Land-Office;  but  claim- 
ants shall  file  their  declaratory  statements  as  prescribed  in  other  cases  upon 
unoffered  lands,  and  shall  pay  for  the  tracts,  res2)ectively,  settletl  upon 
within  one  year  from  date  of  settlement  where  the  plat  of  survey  is  on  file 
at  that  date,  and  within  one  year  from  the  filing  of  the  township-plat  in 
the  district  office  where  such  plat  is  not  on  file  at  date  of  settlement. 

Sec.  2284.  The  sale  or  transfer  of  his  claim  upon  any  Transfer  of  aj^vo 
portion  of  these  lands  by  any  settler  prior  to  the  twenty-  SeqVHutTigtuo'f  entry.*' 
sixth  day  of  April,  eighteen  hundred  and  seventy-one,  v.i7,p:iK>.  '"'  " 
shall  not  operate  to  preclude  the  right  of  entry,  under  the  provisions  of  the 
preceding  section,  upon  another  tract  settled  upon  subsequent  to  such  sale 
or  transfer;  but  satisfiictory  proof  of  good  faith  must  be  furnished  U[X)n 
such  subsequent  settlement. 

Sec.  2285.  The  restrictions  of  the  pre-emption  laws,  pre-cmption  re«tric- 
contained  in  sections  twenty-two  hundred  and  sixty  and  tuhl^rn.is'in'Ka^i^J.*''^ 

,  ,        ,  ,      .  -      -,  1  It  :»Iav,ls7i,  c.  140,8. 

twenty-two  hundred  and  sixty-one,  shall  not  apply  to  any  3,v.n,p.iKt. 
settler  on  the  Osage  Indian  trust  and  diminished- reserve  lands  in  the  State 
of  Kansas,  who  was  actually  residing  on  his  claim  on  the  ninth  day  of 
May,  eighteen  hundred  and  seventy-two. 

Sec.  2286.  There  shall  be  granted  to  the  several  coun-  tZVr'^^IZ'iLu^.' 
ties  or  parishes  of  each  State  and  Territory,  where  there  i.fV'J":^','''^'''^"*'''* 
are  [)ublic  lands,  at  the  minimum  price  for  which  public  lands  of  the 
Unitc<l  States  are  sold,  the  right  of  pre-emption  to  one  quarter-section  of 
land,  in  each  of  the  counties  or  parishes,  in  trust  for  such  cpunties  or  par- 
ishes, respectively,  for  the  establishment  of  seats  of  justice  therein;  but  the 
proceeds  of  the  sale  of  each  such  (piarter-section  shall  be  ai>propriated  for  the 
l)urj)ase  of  erecting  public  buildings  in  the  county  or  parish  for  which  it  is 
locatwl,  after  deducting  therefrom  the  amount  originally  paid  for  the  same. 
And  the  seat  of  justice  for  such  counties  or  j)arishes,  respe(;tively,  shall  be 
fixed  previously  to  a  sale  of  the  a<ljoining  lands  within  the  county  or  parish 
for  which  the  same  is  located. 


48 

AVhere  claimant  of  eu-      Sec.  2287.  Auj- bona-fide  scttler  under  the  homestead 
rSeive?!*^''^  registei  oi  ^^  pre-emptioii  laws  of  the  United  States  who  has  filed  the 

20  April,  1871, c. 21, 8.  ^  v       .'  .  .  .     .  "i  . 

16,  V.  17,  p.  10.  proper  apphcation  to  enter  not  to  exceed  one  quarter-sec- 

tion of  the  public  lands  in  any  district  land-office,  and  who  has  been  sub- 
sequently appointed  a  register  or  receiver,  may  perfect  the  title  to  the  land 
under  the  pre-emption  laws  by  furnishing  the  proofs  and  making  the  pay- 
ments required  by  law,  to  the  satisfaction  of  the  Commissioner  of  the  Gen- 
eral Land-Office. 

seSSuiSSLad  Sec.  2288.  Any  person  who  has  already  settled  or  here- 
ZZin^&VnrplIZ  ^fter  may  settle  on  the  public  lands,  either  by  pre-emption 
c.2Glx.ii,f!m2:^^^^'  or  by  virtue  of  the  homestead  law  or  any  amendments 
thereto,  shall  have  the  right  to  transfer,  by  warranty  against  his  own  acts, 
any  portion  of  his  pre-emption  or  homestead  for  church,  cemetery,  or  school 
purposes,  and  for  the  right  of  way  of  railroads  across  such  pre-emption  or 
homestead,  and  the  transfer  for  such  public  purposes  shall  in  no  way  vitiate 
the  right  to  complete  and  perfect  the  title  to  their  pre-emptions  or  home- 
steads. 

Title  xxxii.— THE  PUBLIC  LANDS.— Ch.  5. 
Homesteads. 

Who  may  enter  cer-      Sec.  2289.  Evcry  pcrsou  who  is  thc  hcad  of  a  family, 

tainuuappropriatedpub-  ^       ■,  •t,,i  n  ,  ,  t    • 

lie  lands.  or  who  uas  arrived  at  the  age  or  twenty-one  years,  and  is 

i,v.i2,p.392.  '  "  '  ■  a  citizen  of  the  United  States,  or  who  has  filed  his  declara- 
tion of  intention  to  become  such,  as  required  by  the  naturalization  laws, 
shall  be  entitled  to  enter  one  quarter-section  or  a  less  quantity  of  unappro- 
priated ])ublic  lands,  upon  which  such  person  may  have  filed  a  pre-emption 
claim,  or  which  may,  at  the  time  the  application  is  made,  be  subject  to  pre- 
emption at  one  dollar  and  twenty-five  cents  per  acre;  or  eighty  acres  or 
less  of  such  unappropriated  lands  at  two  dollars  and  fifty  cents  per  acre,  to 
be  located  in  a  body,  in  conformity  to  the  legal  subdivisions  of  the  public 
lands,  and  after  the  same  have  been  surveyed.  And  every  person  owning 
and  residing  on  land  may,  under  the  provisions  of  this  section,  enter  other 
land  lying  contiguous  to  his  land,  which  shall  not,  with  the  land  so  already 
owned  and  occupied,  exceed  in  the  aggregate  one  hundred  and  sixty  acres. 
■  KinM86G!c"i27,8.  ^^0.  2290.  Thc  persou  applying  for  the  benefit  of  the 
1862,  c*  75,^1*  2,^v.  T^%\  pi'eccding  section  shall,  upon  application  to  the  register  of 
38f8.2,^v.i3tp!35.^^^*''^'  *h^  land-office  in  which  he  is  about  to  make  such  entry, 
make  affidavit  before  the  register  or  receiver  that  he  is  the  head  of  a  family, 
or  is  twenty-one  years  or  more  of  age,  or  has  performed  service  in  the 
Army  or  Navy  of  the  United  States,  and  that  such  application  is  made  for 
his  exclusive  use  and  benefit,  and  that  his  entry  is  made  for  the  purpose  of 
actual  settlement  and  cultivation,  and  not  either  directly  or  indirectly  for 


49 

the  use  or  benefit  of  any  other  person;  and  upon  filing  such  affidavit  with 
the  register  or  receiver,  on  payment  of  five  dollars  when  the  entry  is  of  not 
more  than  eighty  acres,  and  on  payment  of  ten  dollars  when  the  entry  is 
for  more  than  eighty  acres,  he  shall  thereupon  be  permitted  to  enter  the 
amount  of  land  specified. 

Sec.  2291.  No  certificate,  however,  shall  be  given,  or  ^li^^l!l:,f,^^^^Cu^^! 
patent  issued  therefor,  until  the  expiration  of  five  years  2,v!i"4!p'.'67.*^''^'*''^^^''' 
from  the  date  of  such  entry ;  and  if  at  the  expiration  of  such  time,  or  at 
any  time  within  two  years  thereafter,  the  person  making  such  entry ;  or  if 
he  be  dead,  his  widow;  or  in  case  of  her  death,  his  heirs  or  devisee;  or  in 
case  of  a  widow  making  such  entry,  her  heirs  or  devisee,  in  case  of  her 
death,  proves  by  two  credible  witnesses  that  he,  she,  or  they  have  resided 
upon  or  cultivated  the  same  for  the  term  of  five  years  immediately  suc- 
ceeding the  time  of  filing  the  affidavit,  and  makes  affidavit  that  no  part  of 
such  land  has  been  alienated,  except  as  provided  in  section  twenty-two  hun- 
dred and  eighty-eight,  and  that  he,  she,  or  they  will  bear  true  allegiance  to 
the  Government  of  the  United  States;  then,  in  such  case,  he,  she,  or  tliey, 
if  at  that  time  citizens  of  the  United  States,  shall  be  entitled  to  a  patent,  as 
in  other  cases  provided  by  law. 

Sec.  2292.   In  case  of  the  death  of  both  father  and     whon  iighta  inure  to 

.1  1  .  •     n       I      1  •!  -i  1M1  1,  .  the  benefit  of  infant  chil- 

mother,  leavmg  an  niiant  child  or  children  under  twenty-  dron. 
one  years  of  age,  the  right  and  fee  shall  inure  to  the  bene-  2,v.i4,p.67. 
fit  of  such  infant  child  or  children;  and  the  executor,  administrator,  or 
guardian  may,  at  any  time  within  two  years  after  the  death  of  the  surviving 
parent,  and  in  accordance  with  the  laws  of  the  State  in  which  such  children, 
for  the  time  being,  have  their  domicile,  sell  the  land  for  the  benefit  of  such 
infants,  but  for  no  other  purpose;  and  the  purchaser  shall  accjuire  tlic 
absolute  title  by  the  purchase,  and  be  entitled  to  a  patent  from  the  United 
States  on  the  payment  of  the  office  fees  and  sum  of  money  above  specified. 
Sec.  2293.  In  case  of  any  person  desirous  of  availing  naval^'^^ice^wlirn'J,^' 
himself  of  the  benefits  of  this  chapter,  but  who,  by  reason  S«vit"*'""  "^  "^''" 
of  actual  service  in  the  military  or  naval  service  of  the  s.^V*iJ"pV.^'  ""'^ 
Unite<l  States,  is  unable  to  do  the  personal  preliminary  acts  at  the  district 
land-office  which  the  preceding  sections  require;  and  whose  family,  or  some 
member  tliereof,  is  residing  on  the  land  which  he  desires  to  enter,  and, 
upon  which  a  bona-fide  improvement  and  settlement  have  been  made,  such 
I>erson  may  make  the  affidavit  required  by  law  before  tlie  officer  command- 
ing in  the  branch  of  the  service  in  which  the  party  is  engaged,  which  affi- 
davit shall  be  as  binding  in  law,  and  with  like  penalties,  as  if  taken  before 
the  register  or  receiver;  and  upon  such  affidavit  being  filed  with  the  reg- 
ister by  the  wife  or  other  representative  of  the  party,  the  same  shall  become 
effiictive  from  the  date  of  such  filing,  provided  the  application  and  affidavit 
are  accompanied  by  the  fee  and  commissions  as  required  by  law. 
4 


50 

ml^'^l^ffidaviTbefo!?  ^^^-  ^^^^^  ^^  ^^7  ^^^6  111  which  tliG  applicant  for  the 
'^^7i£ch!is(yi,  c.  38,  benefit  of  the  homestead,  and  whose  family,  or  some  mem- 
s.  3,  V.  13,  p.  35.  ber  thereof,  is  residing  on  the  land  which  he  desires  to 

enter,  and  npon  which  a  bona-fide  improvement  and  settlement  have  been 
made,  is  prevented,  by  reason  of  distance,  bodily  infirmity,  or  other  good 
cause,  from  personal  attendance  at  the  district  land-office,  it  may  be  lawful 
for  him  to  make  the  affidavit  required  by  law  before  the  clerk  of  the  court 
for  the  county  in  which  the  applicant  is  an  actual  resident,  and  to  transmit 
the  same,  with  the  fee  and  commissions,  to  the  register  and  receiver, 
tio^nr''^  °^  ^^^"''*"  Sec.  2295.  The  register  of  the  land-office  shall  note  all 
3,v°K,'p!m^'^"^^'  ^'  applications  under  the  provisions  of  this  chapter  on  the 
tract-books  and  plats  of  his  office,  and  keep  a  register  of  all  such  entries, 
and  make  return  thereof  to  the  General  Land-Office,  together  with  the 
proof  upon  which  they  have  been  founded. 

Sec.  2296.  No  lands  acquired  under  the  provisions  of 
to  be^libject  to  prior  this  chapter  shall  in  any  event  become  liable  to  the  satis- 

20  May,  1862,  c.  75,  s.  factiou  of  any  debt  contracted  prior  to  the  issuing  of  the 
patent  therefor. 

When  lands  entered       Sec.  2297.  If,  at  auv  time  after  the  filins;  of  the  affi- 

for  homestead  revert  to  .  .  . 

Government.  davlt,  as  rcQuired  in  section  2290,  and  before  the  expira- 

20  May,  1862,  c.  75,  s.      .  '  ^  ^  '    ^  ^ 

o,  V.  12,  p.  393.  tion  of  the  five  years  mentioned  in  section  2291,  it  is 

proved,  after  due  notice  to  the  settler,  to  the  satisfaction  of  the  register  of 
the  land-office,  that  the  -person  having  filed  such  affidavit  has  actually 
changed  his  residence,  or  abandoned  the  land  for  more  than  six  months  at 
any  time,  then  and  in  that  event  the  land  so  entered  shall  revert  to  the 
Government. 

Limitation  of  amount  ^EC.  2298.  No  pcrsou  shall  bc  permitted  to  acquire  title 
^"20  M^u"'T86-?'"r*75'^s  ^^  morc  than  one  quarter-section  under  the  provisions  of 
6.v.i2,'p:393.-'  •    '  •  this  chapter. 

rilftfiioTimifafS."''"  ^^^'  ^^^^'  ^""othiug  coutaiucd  in  this  chapter  shall  be 
6,  v*!r2,^p."3S^'  ^"  ^^'^*  so  construed  as  to  impair  or  interfere  in  any  manner  with 
existing  pre-emption  rights;  and  all  persons  who  may  have  filed  their 
applications  for  a  pre-emption  right  prior  to  the  20th  day  of  May,  1862, 
shall  be  entitled  to  all  the  privileges  of  this  chapter. 
wiiat   minors   may       Sec.  2300.  No  pcrsou  wlio  has  scrvcd,  or  may  hereafter 

have  the    privileges  of  «  '     i  •    ^         j.r.         n         ,  i  •      xi        a 

this  chapter.  scrvc,  lor  a  period  not  less  than  lourteen  days  m  the  Army 

6,  V.  12,' p.' 393. '   '    '  '  or  Navy  of  the  United  States,  either  regular  or  volunteer, 
under  the  laws  thereof,  during  the  existence  of  an  actual  war,  domestic  or 
foreign,  shall  be  deprived  of  the  benefits  of  this  chapter  on  account  of  not 
having  attained  the  age  of  twenty-one  years. 
Payments  before  ex-       Sec.  2301.  Nothiuff  iu  tlijfs  chaptcr  shall  bc  so  con- 

piration  of  five    years,  .  ,  , 

"lo*Ma^''i86?"*"75  strued  as  to  prevent  any  person  who  has  availed  himself 
8,  V.  12,  p.  393.        '     of  the  benefits  of  section  2289,  from  paying  the  minimum 


51 

price  for  the  quantity  of  land  so  entered,  at  any  time  before  the  expiration 
of  the  five  years,  and  obtaining  a  patent  therefor  from  the  Governnicnt,  as 
in  other  cases  directed  by  law,  on  making  proof  of  settlement  and  cultiva- 
tion as  provided  by  law,  granting  pre-emption  rights. 

Sec.  2302.  No  distinction  shall  be  made  in  the  con-     no  dwinrnon  on  ac- 

.  •  A     1  •        1  couDt  of  rac4  or  color. 

struction  or  execution  of  this  chapter  on  account  of  race  *«"• 

or  color;  nor  shall  any  mineral  lands  be  liable  to  entry  •.i.t-Hp.ot. 

and  settlement  under  its  provisions. 

*  Sec.  2303.  All  the  public  lands  in  the  States  of  Ala-  21  Jon«,  isgcc  mi 
baraa,  ^f  ississippi,  Louisiana,  Arkansas,  and  Florida  shall     Ri'ii«^ed. 

22  June,  1876,  c  165, 

be  disposed  of  in  no  other  manner  than  aca)rding  to  the  »i9.  p-"^ 

terms  and  stipulations  contained  in  the  preceding  provisions  of  this  chapter. 

Sec.  2304.  Every  private  soldier  and  officer  who  has  ,,„^"u^J  "**  "*"""' 
served  in  the  Array  of  the  United  States  during  the  recent  ,,  J.  nr^iS?  *'***' '' 
rebellion,  for  ninety  days,  and  who  was  honorably  discharged,  and  has 
remained  loyal  to  the  Government,  including  the  troops  mustered  into  the 
service  of  the  United  States  by  virtue  of  the  thirtl  section  of  an  act  approved 
February  13,  1862,  and  every  seaman,  marine,  and  officer  who  has  served 
in  the  Navy  of  the  United  States,  or  in  the  Marine  Corps,  during  the 
rebellion,  for  ninety  days,  and  who  was  honorably  discharged,  and  has 
remained  loyal  to  the  Government,  shall,  on  compliance  with  the  provisions 
of  this  chapter,  as  hereinafter  modified,  be  entitled  to  enter  upon  and  receive 
patents  for  a  quantity  of  public  lands  not  exceeding  160  acres,  or  one  quarter- 
section,  to  be  taken  in  compact  form,  according  to  legal  subdivisions,  in- 
clirding  the  alternate  reserved  sections  of  public  land  along  the  line  of  any 
railroad  or  other  public  work,  not  otherwise  reserved  or  appropriated,  and 

licr  lands  subject  to  entry  under  the  homestead  laws  of  the  United  States; 
but  such  homestead  settler  shall  be  allowed  six  months  after  loi^ting  bis 
liomestead,  and  filing  his  declaratory  statement,  within  which  to  make  his 

I  try  and  commence  his  settlement  and  improvement. 

Sec.  2305.  The  time  which  the  homestead  settler  has  J5*'J^i^£j'X2 
served  in  the  Array,  Navy,  or  Marine  Corps  shall  be  de-  ***J^o^,g,2,<j.  aaa,,. 
ducted  from  the  time  heretofore  rcfjuired  to  perfect  title,  i.^.n.p-ns. 

if  discharged  on  account  of  wounds  receive<I  or  disability  incurred  in  the 

lie  of  duty,  then  the  term  of  enlistment  shall  be  detluctetl  from  tlie  time 

'    rctofore  required  to  perfect  title,  without  reference  to  the  length  of  time 

may  have  served;  but  no  patent  shall  issue  to  any  homestead  settler  who 

!>  not  resided  upon,  improved,  and  cultivated  his  homestead  for  a  period 
I  at  least  one  year  after  he  shall  have  commenced  his  improvement**. 

Sec.  2306.  Every  jxjrson  entitled,  under  the  provisions     ^•'^^^^^^^  55 
'^  section  2304,  to  enter  a  homesti-ad  who  may  have  here-  mcrm,  Hghtoof. 

fore  entered,  under  the  homestead  la>vs,  a  quantity  of  «,T.n.iN5B3. 

*  Bqmled  by  act  of  Jane  32.  1^& 


52 

land  less  than  160  acres,  shall  be  permitted  to  enter  so  much  land  as,  when 
added  to  the  quantity  previously  entered,  shall  not  exceed  160  acres. 

Widow   and   minor      Sec.  2307.  lu  casc  of  the  death  of  any  person  who 
titiSTto honSad! &c'  would  bc  entitled  to  a  homestead  under  the  provisions  of 

3,  V.  i7?p.  333.'  ^'  '  ^'  section  2304,  his  widow,  if  unmarried,  or  in  case  of  her 
death  or  marriage,  then  his  minor  orphan  children,  by  a  guardian  duly 
appointed  and  officially  accredited  at  the  Department  of  the  Interior,  shall 
be  entitled  to  all  the  benefits  enumerated  in  this  chapter,  subject  to  all  the 
provisions  as  to  settlement  and  improvement  therein  contained ;  but  if  such 
person  died  during  his  term  of  enlistment,  the  whole  term  of  his  enlistment 
shall  be  deducted  from  the  time  heretofore  required  to  perfect  the  title. 

Actual  service  in  the       Sec.  2308.  Whcrc  a  party  at  the  date  of  his  entry  of  a 
lenTto  residtncef&c!^*  tract  of  land  uudcr  the  homestead  laws,  or  subsequently 

4,  V.  17,  p.  333.'  '  '  *  thereto,  was  actually  enlisted  and  employed  in  the  Army 
or  Navy  of  the  United  States,  his  services  therein  shall,  in  the  administra- 
tion of  such  homestead  laws,  be  construed  to  be  equivalent,  to  all  intents 
and  purposes,  to  a  residence  for  the  same  length  of  time  upon  the  tract  so 
entered.  And  if  his  entry  has  been  canceled  by  reason  of  his  absence  from 
such  tract  while  in  the  military  or  naval  service  of  the  United  States,  and 
such  tract  has  not  been  disposed  of,  his  entry  shall  be  restored;  but  if  such 
tract  has  been  disposed  of,  the  party  may  enter  another  tract  subject  to 
entry  under  the  homestead  laws,  and  his  right  to  a  patent  therefor  may  be 
determined  by  the  proofs  touching  his  residence  and  cultivation  of  the  first 
tract  and  his  absence  therefrom  in  such  service. 

a^nt  ""^^  ^°*^''  ^^       Sec.  2309.  Every  soldier,  sailor,  marine,  officer,  or  other 

5,  v.'n^p.Sr'''*^^'^'  person  coming  within  the  provisions  of  section  2304,  may, 
as  well  by  an  agent  as  in  person,  enter  upon  such  homestead  by  filing  a 
declaratory  statement,  as  in  pre-emption  cases ;  but  such  claimant  in  person 
shall  within  the  time  prescribed  make  his  actual  entry,  commence  settle- 
ments and  improvements  on  the  same,  and  thereafter  fulfill  all  the  require- 
ments of  law. 

Chiefs,  &c.,  of  stock-      Sec.  2310.  Each  of  the  chiefs,  warriors,  and  heads  of 
steaci  rights^^r^'  ^^^  families  of  the  Stockbridg^e  Munsee  tribes  of  Indians  re- 

3  March,  1865,  c,  127,      .  ,.  .         ,  p  c»i  o  /»  ttt« 

s. 4, V.  13, p. 562.  Siding  in  the  county  oi  fehawana,  otate  oi  Wisconsin,  may, 

under  the  direction  of  the  Secretary  of  the  Interior,  enter  a  homestead  and 
become  entitled  to  all  the  benefits  of  this  chapter,  free  from  any  fee  or 
charge ;  and  any  part  of  their  present  reservation,  which  is  abandoned  for 
that  purpose,  may  be  sold,  under  the  direction  of  the  Secretary  of  the  Inte- 
rior, and  the  proceeds  applied  for  the  benefit  of  such  Indians  as  may  settle 
on  homesteads,  to  aid  them  in  improving  the  same. 
Exemptions  of  home-      Sec.  2311.   The  homestcad  secured,  by  virtue  of  the 

stead     of     Stockbridge  t  ..  in  ,i  i  '      i    ,  ,  i 

Munsees.  precedinp;  section,  shall  not  be  subiect  to  any  tax,  levy,  or 

3  March,  1865,  c.  127,   ^,  ,     n   •     ,  n  i  -,  . 

s. 4, V.  13, p. 562.  sale;  nor  shall  it  be  sold,  conveyed,  mortgaged,  or  m  any 


53 

manner  incumberal,  except  upon  the  decree  of  the  district  court  of  the 
United  States,  as  provided  in  the  following  section ; 

Sec.  2312.  Whenever  any  of  the  chiefs,  warriors,  or  iJSSirSSJlJ"*^ 


liciuls  of  families  of  the  tribes  mentioned  in  section  twenty-  ^.1^^^!^^''^^^' 
three  hundred  and  ten,  having  filed  with  the  clerk  of  the  district  court  of 
*Sivj  United  States  a  declaration  of  his  intention  to  become  a  citizen  of  tlie 
United  States,  and  to  dissolve  all  relations  with  any  Indian  tribe,  two  years 
previous  thereto,  appears  in  such  court,  and  proves  to  the  satbfaction 
thereof,  by  the  testimony  of  two  citizens,  that  for  five  years  last  past  he 
has  adopted  the  habits  of  civilized  life;  that  he  has  maintained  himself  and 
■;imily  by  his  own  industry;  that  he  reads  and  speaks  the  English  lan- 
guage; that  he  is  well  disposed  to  become  a  peacetible  and  orderly  citizen; 
and  that  he  has  sufficient  capacity  to  manage  his  own  affiiirs;  the  court  may 
liter  a  decree  admitting  him  to  all  the  rights  of  a  citizen  of  the  Unitwl 
otates,  and  thenceforth  he  shall  be  no  longer  held  or  treated  as  a  member 
of  any  Indian  tribe,  but  shall  be  entitled  to  all  the  rights  and  privileges, 
and  be  subject  to  all  the  duties  and  liabilities  to  taxation  of  other  citizens 
of  the  United  States.  But  nothing  herein  contiiined  shall  be  construed  to 
deprive  such  chiefs,  warriors,  or  heads  of  families  of  annuities  to  which 
they  are  or  may  be  entitled. 


Title  xxxii.— THE  PUBLIC  LANDS.— Ce.  8. 

RESERVATION  AND  SALE  OF  TOWN-SITES  ON  THE  PUBLIC  LANDS. 

Sec.  2380.  The  President  is  authorized  to  resor\'c  from  J^^^  to  u  r». 
the  public  lands,  whether  surveyed  or  uasurveyed,  town-  i, J.  J^J^tmI'**' **"*•** 
sites  on  the  shores  of  harbors,  at  the  junction  of  rivers,  important  portages, 
or  any  natural  or  prospective  centers  of  population. 

Sec.  238L  When,  in  the  opinion  of  the  Pn«sidont,  the  tJST31?iSI*°^"'^ 
public  interests  require  it,  it  shall  be  the  duty  of  the  8eo-  i.l^'J^Ti?"**^*^'' 
Tviary  of  the  Interior  to  cause  any  of  such  reservations,  or  part  thereof,  to 
be  surveyed  into  urban  or  suburban  lots  of  suitable  size,  and  to  fix  by 
appraisement  of  disinterested  persons  their  cash  value,  and  to  offer  the 
same  for  sale  at  public  outcry  to  the  highest  bidder,  and  tlionce  af>or\\-:ird 
to  be  held  subject  to  sale  at  private  entrj^  acw)rding  to  such  n^ulations  as 
the  Secretary  of  tlie  Interior  may  prescribe;  but  no  lot  shall  be  di«i>oso«l 
of  at  public  sale  or  private  entry  for  less  than  the  appraised  value  thereof. 
And  all  such  sales  shall  be  conducted  by  the  rqjistor  and  receiver  of  the 
land-office  in  the  district  in  which  the  reservation  may  be  situat^l,  in 
accr^rdancc  Avith  the  instnictions  of  the  Commissioner  of  the  Goncnd  I^nd- 
Office. 


54 

pubS'iamis"^'  '"^' '"'  ^^^'  2382.  In  any  case  in  which  parties  have  already 
2,v.i3,^p;34l*'  ^'  ^^^'^'  fouJided,  or  may  hereafter  desire  to  found,  a  city  or  town 
on  the  public  lands,  it  may  be  lawful  for  them  to  cause  to  be  filed  with  the 
recorder  for  the  county  in  which  the  same  is  situated,  a  plat  thereof,  for 
not  exceeding  six  hundred  and  forty  acres,  describing  its  exterior  bounda- 
ries according  to  the  lines  of  the  public  surveys,  where  such  surveys  have 
been  executed;  also  giving  the  name  of  such  city  or  town,  and  exhibiting 
tlie  streets,  squares,  blocks,  lots,  and  alleys,  the  size  of  the  same,  with 
measurements  and  area  of  each  municipal  subdivision,  the  lots  in  which 
shall  each  not  exceed  four  thousand  two  hundred  square  feet,  with  a  state- 
ment of  the  extent  and  general  character  of  the  improvements;  such  map 
and  statement  to  be  verified  under  oath  by  the  party  acting  for  and  in 
behalf  of  the  persons  proposing  to  establish  such  city  or  town ;  and  within 
one  month  after  such  filing  there  shall  be  transmitted  to  the  General  Land- 
Office  a  verified  transcript  of  such  map  and  statement,  accompanied  by  the 
testimony  of  two  witnesses  that  such  city  or  town  has  been  established  in 
good  faith,  and  when  the  premises  are  within  the  limits  of  an  organized 
land-district,  a  similar  map  and  statement  shall  be  filed  with  the  register 
and  receiver,  and  at  any  time  after  the  filing  of  such  map,  statement,  and 
testimony  in  the  General  Land-Office,  it  may  be  lawful  for  the  President 
to  cause  the  lots  embraced  within  the  limits  of  such  city  or  town  to  be 
offered  at  public  sale  to  the  highest  bidder,  subject  to  a  minimum  of  ten 
dollars  for  each  lot;  and  such  lots  as  may  not  be  disposed  of  at  public  sale 
shall  thereafter  be  liable  to  private  entry  at  such  minimum,  or  at  such 
reasonable  increase  or  diminution  thereafter  as  the  Secretary  of  the  Interior 
may  order  from  time  to  time,  after  at  least  three  months'  notice,  in  view  of 
the  increase  or  decrease  in  the  value  of  the  municipal  property.  But  any 
actual  settler  upon  any  one  lot,  as  above  provided,  and  upon  any  additional 
lot  in  which  he  may  have  substantial  improvements,  shall  be  entitled  to 
prove  up  and  purchase  the  same  as  a  pre-emption,  at  such  minimum,  at 
any  time  before  the  day  fixed  for  the  public  sale. 

lisS^wn'^uusurvey^d  ^^^'  2383.  Whcu  such  citics  or  towus  are  established 
iimv  adjSted!''''  ^'°'"^'  ii^pon  unsurveyed  lands,  it  may  be  lawful,  after  the  exten- 
s.v.ia/jsS*'  ^•^^'^*  sion  thereto  of  the  public  surveys,  to  adjust  the  extension 
limits  of  the  premises  according  to  those  lines,  where  it  can  be  done  without 
interference  with  rights  which  may  be  vested  by  sale;  and  patents  for  all 
lots  so  disposed  of  at  public  or  private  sale  shall  issue  as  in  ordinary  cases. 
When  transcript  maps       Sec.  2384.  If  withlu  twclvc  months  ffom  thc  establish- 

of  town  are  not  filed  in  ,       n  ••  ,  j1  i  t       i  •        j_i  j_* 

twelve  months,  proceed-  mcut  01  a  City  or  towu  ou  tlic  puDiic  domain,  the  parties 
terior.  interested  refuse  or  fail  to  file  in  the  General  Land-Office 

1  July,  1864,  c.  205,8.  .  .,        ,  i  .  n     i 

4,  V.  13,  p.  344.  a  transcript  map,  with  the  statement  and  testimony  called 

for  by  the  provisions  of  section  twenty-three  hundred  and  eighty-two,  it 
may  be  lawful  for  the  Secretary  of  the  Interior  to  cause  a  survey  and  plat 


55 

to  be  made  of  such  city  or  towTi,  and  thereafter  the  lots  in  the  same  shall 
be  dLsiK)sed  of  as  required  by  such  provisions,  with  this  exception,  that 
they  shall  each  Ikj  at  au  increase  of  fifty  per  centum  on  the  minimum  of 
ten  dolhirs  per  lot. 

Sec.  2385.  In  the  case  of  any  city  or  town,  in  which  wh«r»  bIm  of  iota  or 
the  lots  may  be  variant  as  to  size  from  the  limitation  fixed  e^i'roio.'^*^    "**"* 

.         ,  ,  11  1       .    1  ,       .  1    .  3  March.  1865,0. 107,  •. 

m  section  twenty-three  hundred  and  eighty-two,  and  in  2,Y.i3.p.ay>. 
which  the  lots  and  buildings,  as  municipal  improvements,  cover  an  area 
greater  than  six  hundred  and  forty  acres,  such  variance  as  to  size  of  lots  or 
excess  in  area  shall  prove  no  bar  to  such  city  or  town  claim  under  the  pro- 
visions of  that  section;  but  the  minimum  price  of  each  lot  in  such  city  or 
to\vn,  which  may  contain  a  greater  number  of  square  feet  than  the  maxi- 
mum named  in  that  section,  shall  be  increased  to  such  reasonable  amount 
as  the  Secretary  of  the  Interior  may  by  rule  establish. 

Sec.  2386.  Where  mineral  veins  are  possessed,  Avhich  n^^nem/ rii'h?*""^^***  *^ 
possession  is  recognized  by  local  authority,  and  to  the  ex-  2,?A^J,7)!'iij?'^'*^"^"''''' 
tent  so  possessed  and  recognized,  the  title  to  town-lots  to  be  acquii'ctl  shall 
be  subject  to  such  recognized  possession  and  the  necessary  use  thereof;  but 
nothing  contained  in  this  section  shall  be  so  construed  as  to  recognize  any 
color  of  title  in  possessors  for  mining  purposes  as  against  the  United  States. 

Sec.  2387.  Whenever  any  portion  of  the  public  lands     Entr>oftuwn author- 

11  1  ,  J 1     1  1  '1  ±  itiofl  iu  UuRt  for  occa- 

have  been  or  may  be  settled  upon  and  occupied  as  a  town-  iwnts. 

,.  ,  ,  .11  2  March,  1807,  c.lT7,T. 

Site,  not  subject  to  entry  under  the  agricultural  pre-emp-  i4,i).54i. 
tion  laws,  it  is  lawful,  in  case  such  town  be  incorporated,  for  the  corporate 
authorities  thereof,  and,  if  not  incorporated,  for  the  judge  of  the  county 
court  for  the  county  in  which  such  town  is  situated,  to  enter  at  the  proper 
land-office,  and  at  the  minimum  price,  the  land  so  settled  and  occupied  in 
triLst  for  the  several  use  and  benefit  of  the  occupants  thereof,  accoixling  to 
their  resi)ective  interests;  the  execution  of  which  trust,  as  to  the  di-spoeal 
of  the  lots  in  such  town,  and  the  proceeds  of  the  sales  thereof,  to  be  con- 
ducted under  such  regulatioas  as  may  be  prescribed  by  the  legi.<lative 
autliority  of  the  State  or  Territory  in  which  the  same  may  be  situated. 
Sec.  2388.  The  entry  of  the  land  provided  for  in  the     Entry  un.ior  pmrni. 

,,  ,  ,11,  1  11  Ing  •«>ctJon,  when  to  bo 

preceding  section  shall  be  made,  or  a  declarator}'  statement  nm«io. 

/.    1  /»    1       .    1     ,  .  •  •  *  March.  18C7,  c  1T7, 

of  the  purpose  of  the  inhabitants  to  enter  it  as  a  town-site  ▼h.i'Mi. 
shall  be  filed  with  the  register  of  the  proper  land-office,  prior  to  tlio  com- 
mencement of  tlie  public  sale  of  the  body  of  land  in  which  it  is  included, 
and  the  entry  or  declaratory  statement  shall  include  only  such  laud  as  is 
actually  occupietl  by  the  town,  and  the  title  to  which  is  in  tlie  United 
States;  but  in  any  Territory  in  which  a  land-office  may  not  have  been 
estiiblished,  such  declaratory  statements  may  be  filed  with  the  surveyor- 
general  of  tlie  surveying-district  in  which  the  lands  are  situated,  who  shall 
transmit  the  same  to  the  Greneral  Land-Offioe. 


56 

Entry  in  proportion      Sec.  2389.  If  uDon  surveved  lands,  the  entry  shall  in 

to  number  of    inhabit-   ,  ,.,..,  ,.  ^  .  liii 

ants.  its  exterior  limit  be  made  m  conformity  to  the  lep-al  sub- 

2  March,  1867,  c.177,     ^.     .    .  ^    .  .  ^  ,  "^  ° 

V.  14,  p.  541.  divisions  of  the  public  lands  authorized  by  law ;  and  where 

the  inhabitants  are  in  number  one  hundred,  and  less  than  two  hundred, 
shall  embrace  not  exceeding  three  hundred  and  twenty  acres;  and  in  cases 
where  the  inhabitants  of  such  town  are  more  than  two  hundred,  and  less 
than  one  thousand,  shall  embrace  not  exceeding  six  hundred  and  forty 
acres;  and  where  the  number  of  inhabitants  is  one  thousand  and  over  one 
thousand,  shall  embrace  not  exceeding  twelve  hundred  and  eighty  acres; 
but  for  each  additional  one  thousand  inhabitants,  not  exceeding  five  thou- 
sand in  all,  a  further  grant  of  three  hundred  and  twenty  acres  shall  be 
allow^ed. 
Authorities   of  Salt      Sec.  2390.  Thc  words  "not  exceeding  five  thousand  in 

Lake  City,  rights  of,  as,.,,.         ^  ^.  ,  in  i  oiiti 

to  entry.  all,    lu  thc  precedins;  section,  shall  not  apply  to  bait  L/ake 

IJuly,  1870,  C.  193,  V.    ^.  .         ,        rry         •  r»   tt      i         i  f  .  i      n    i 

16,  p.  183.  City,  m  the  Territory  of  Utah ;  but  such  section  shall  be 

so  construed  in  its  application  to  that  city  that  lands  may  be  entered  for  the 
full  number  of  inhabitants  contained  therein,  not  exceeding  fifteen  thou- 
sand ;  and  as  that  city  covers  school-section  number  thirty-six,  in  township 
number  one  north,  of  range  number  one  west,  the  same  may  be  embraced 
in  such  entry,  and  indemnity  shall  be  given  therefor  when  a  grant  is  made 
by  Congress  of  sections  sixteen  and  thirty-six,  in  the  Territory  of  Utah, 
for  school  purposes. 

tee?t'?be^?.'d.  ""^  *'"" .  Sec.  2391.  Any  act  of  the  trustees  not  made  in  con- 
v.i4fp.^54i.^^^^' ''^ '^^^'  formity  to  the  regulations  alluded  to  in  section  twenty- 
three  hundred  and  eighty-seven  shall  be  void. 

gow  mines,^T.!'or  to  ^^c.  2392.  No  title  shall  be  acquired,  under  the  fore- 
™2''M\?rch,'S'G?,''c.  177,  g^iug  provisious  of  this  chapter,  to  any  mine  of  gold, 
i868%.^53ft^i5,p.67.'^^'  sllvcr,  cinuabar,  or  copper;  or  to  any  valid  mining-claim 
or  possession  held  under  existing  laws. 

erSusfAr*""'' ''"  Sec.  2393.  The  provisions  of  this  chapter  shall  not 
v.^fp^.m.^^'^^' *'"^^^'  apply  to  military  or  other  reservations  heretofore  made 
by  the  United  States,  nor  to  reservations  for  light-houses,  custom-houses, 
mints,  or  such  other  public  purposes  as  the  interests  of  the  United  States 
may  require,  whether  held  under  reservations  through  the  Land-Office  by 
title  derived  from  the  Crown  of  Spain,  or  otherwise. 

Inhabitants  of  towns       Sec.  2394.  The  inhabitants  of  any  town  located  on  the 
to  enter.        '         '  pubKc  lauds  may  avail  themselves,  if  the  town  authorities 

8  June,  1868,  c.53,v.  "^  .    .  ^  ' 

15,  p.  67.  choose  to  do  so,  of  the  provisions  of  sections  twenty-three 

hundred  and  eighty-seven,  twenty-three  hundred  and  eighty-eight,  and 
twenty-three  hundred  and  eighty-nine;  and  in  addition  to  the  minimum 
price  of  the  lands  embracing  any  town-site  so  entered,  there  shall  be  paid 
by  the  parties  availing  themselves  of  such  provisions  all  costs  of  surveying 
and  platting  any  such  town-site,  and  expenses  incident  thereto  incurred  by 


67 

tlie  United  States,  before  any  patent  issues  therefor;  In  ] 

in  the  sections  herein  cited  shall  prevent  the  issuance  oi  j.  ii<  n      <   i> 
who  have  made  or  may  hereafter  make  entries,  and  elect  to  proceed  under 
other  la\v8  relative  to  town-sites  in  this  chapter  set  fortli. 


Title  lxx.— CRIMES.— Cn.  4. 

Sec.  6392.  Every  person  who,  having  taken  an  oath  be-     pwjwrr. 

fore  a  competent  tribunal,  officer,  or  person,  in  any  case  in  i^^.f.'^iii^iS'Jit 

which  a  law  of  the  United  States  authorizes  an  oath  to  be  iih*'  *"'     ''     *"    ^ 

administered,  that  he  will  testify,  declare,  depose,  or  certify  ^-^  stj;  uI&tTbm- 

1  1  .  .  1    ,        .       ,  -^   ley.  »♦  P*u  a»iC. &  Ilk 

truly,  or  that  any  written  testimony,  declaration,  deposition,  ^***' "  '^  n  i£/' 

or  certificate  by  him  subscribed  is  true,  willfully  and  con-  S^iioo?^  AL^StJ 
trary  to  such  oath  states  or  subscribes  any  material  matter  «wck,2  x^6b. 
which  he  does  not  believe  to  \xi  true,  is  guilty  of  perjury,  and  shall  be 
punished  by  a  fine  of  not  more  than  two  thousand  dollars,  and  by  im- 
prisonment, at  hard  labor,  not  more  than  five  years,  and  shall,  moreover, 
thereafter,  be  incapable  of  giving  testimony  in  any  court  of  the  United 
States  until  such  time  as  the  judgment  against  him  is  reversed.  [See  S 
1750.] 


[No.  2.] 

AN  ACT  to  amend  section  twenty-two  hundred  and  ninetj-one  of  theReriMd  StatatM  of  tb« 
Unite<l  States,  in  relation  to  proof  required  in  homMtottd  antriet. 

Be  it  enacted  by  the  Senate  and  House  of  ReprmenJtaHveB  of  the  UmM 
States  of  America  in  Congress  assembled,  That  the  proof  of  residence,  oc- 
cupation, or  cultivation,  tlie  affidavit  of  non-alienation,  and  the  OBth  of 
all^iance,  required  to  be  made  by  section  twenty-two  hundred  and  ninoty- 
one  of  the  Revised  Statutes  of  the  United  States,  may  be  made  before  the 
judge,  or  in  his  absence,  before  the  clerk  of  any  court  of  record  of  the  coanty 
and  State,  or  district  and  Territory,  in  which  the  huida  are  situated;  and  if 
said  lands  are  situated  in  any  unorganized  county,  such  proof  may  be  made 
in  a  similar  manner  in  any  adjacent  county  in  said  State  or  Territory;  and 
the  pnK>f,  affidavit,  and  oath,  when  so  made  and  duly  Bubecribcd,  shall 
have  the  same  force  and  effect  as  if  made  before  the  register  or  receiver  of 
tlie  proper  land-district;  and  the  same  shall  bo  transmitted  by  such  judge, 
or  the  clerk  of  his  court,  to  the  register  and  the  receiver,  with  the  fee  and 
cliarges  allowo<l  by  law  to  him;  and  the  register  and  receiver  shall  be  en- 
titled to  the  same  fees  for  examining  and  approving  said  testimony  as  are 
now  allowed  by  law  for  taking  the 


58 

Sec.  2.  That  if  any  witness  making  such  proof,  or  the  said  applicant 
making  such  affidavit  or  oath,  swears  falsely  as  to  any  material  matter  con- 
tained in  said  proof,  affidavits,  or  oaths,  the  said  false  swearing  being  Avillful 
and  corrupt,  he  shall  be  deemed  guilty  of  perjury,  and  shall  be  liable  to 
the  same  pains  and  penalties  as  if  he  had  sworn  falsely  before  the  register. 

Approved  March  3,  1877. 


[No.  3.] 

AN  ACT  for  the  relief  of  settlers  on  the  public  lands  under  the  pre-emption  laws. 

Be  it  enacted  by  the  Senate  and  Souse  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  That  any  person  who  has  made  a 
settlement  on  the  public  lands  under  the  pre-emption  laws,  and  has  subse- 
quent to  such  settlement  changed  his  filing  in  pursuance  of  law  to  that  for 
a  homestead  entry  upon  the  same  tract  of  land,  shall  be  entitled  to  have 
the  time  required  to  perfect  his  title  under  the  homestead  laws  computed 
from  the  date  of  his  original  settlement  heretofore  made,  or  hereafter  to  be 
made,  under  the  pre-emption  laws,  subject  to  all  the  provisions  of  the  law 
relating  to  homesteads. 

Approved  May  27,  1878. 


[No.  4.] 

AN  ACT  to  amend  an  act  entitled  "An  Act  to  encourage  the  growth  of  timber  on  the  Western 

Prairies." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled j  That  the  act  entitled  '^  An  Act  to 
amend  the  act  entitled  'An  Act  to  encourage  the  growth  of  timber  on 
"Western  Prairies,'"  approved  March  thirteenth,  eighteen  hundred  and 
seventy-four,  be  and  the  same  is  hereby  amended  so  as  to  read  as  follows: 
That  any  person  who  is  the  head  of  a  family,  or  who  has  arrived  at  the 
age  of  twenty-one  years,  and  is  a  citizen  of  the  United  States,  or  who  shall 
have  filed  his  declaration  of  intention  to  become  such,  as  required  by  the 
naturalization  laws  of  the  United  States,  who  shall  plant,  protect,  and  keep 
in  a  healthy,  growing  condition  for  eight  years  ten  acres  of  timber,  on  any 
quarter-section  of  any  of  the  public  lands  of  the  United  States,  or  five  acres 
on  any  legal  subdivision  of  eighty  acres,  or  two  and  one-half  acres  on  any 
legal  subdivision  of  forty  acres  or  less,  shall  be  entitled  to  a  patent  for  the 
whole  of  said  quarter-section,  or  of  such  legal  subdivision  of  eighty  or  forty 
acres,  or  fractional  subdivision  of  less  than  forty  acres,  as  the  case  may  be, 
at  the  expiration  of  said  eight  years,  on  making  proof  of  such  fact  by  not 
less  than  two  credible  witnesses,  and  a  full  compliance  of  the  further  con- 


69 

ditions  as  provided  in  section  two:  Provided  further,  That  not  more  than 
one  quarter  of  any  section  shall  be  thus  gninted,  and  that  no  person  shall 
make  more  tlian  one  entry  under  the  j)rovisions  of  this  act. 

Sec.  2.  That  the  person  applying  for  the  benefits  of  this  act  shall,  upon 
application  to  the  register  of  the  land-district  in  whicli  he  or  she  is  about 
to  make  such  entry,  make  affidavit,  before  the  register  or  the  receiver,  or 
tlie  clerk  of  some  court  of  record,  or  officer  authorized  to  administer  oaths 
in  the  district  where  the  land  is  situated;  which  affidavit  shall  be  as  fol- 
lows, to  wit:  I, ,  having  filed  my  application,  numlx?r , 

for  an  entry  under  the  provisions  of  an  act  entitled  "An  Act  to  amend  an 
act  entitled  'An  Act  to  encourage  the  growth  of  timber  on  the  Western 

Prairies,'"  approved ,  187 — ,  do  solemnly  swear  (or  affirm) 

tliat  I  am  the  head  of  a  family  (or  over  twenty-one  years  of  age),  and  a 
citizen  of  the  United  States  (or  have  declared  my  intention  to  become  such) ; 
that  the  section  of  land  specified  in  my  said  application  is  composed  exclu- 
sively of  prairie  lands,  or  other  lands  devoid  of  timber;  that  this  filing  and 
entry  is  made  for  the  cultivation  of  timber,  and  for  my  own  exclusive  use 
and  benefit;  that  I  have  made  the  said  application  in  good  faith,  and  not 
for  the  purpose  of  speculation,  or  directly  or  indirectly  for  tlie  use  or  benefit 
of  any  other  person  or  persons  whomsoever;  that  I  intend  to  hold  and 
cultivate  the  land,  and  to  fully  comply  with  the  provisions  of  this  said 
act ;  and  that  I  have  not  heretofore  made  an  entry  under  this  act,  or  tlie 
acts  of  which  this  is  amendatory.  And  upon  filing  said  affidavit  with  sjiid 
register  and  said  receiver,  and  on  payment  of  ten  dollars  if  the  tract  ai]q>licd 
for  is  more  than  eighty  acres,  and  five  dollars  if  it  is  eighty  acres  or  less, 
he  or  she  shall  thereupon  be  permitted  to  enter  the  quantity  of  land  speci- 
fied ;  and  the  party  making  an  entry  of  a  quarter-section  under  the  pro- 
visions of  this  act  shall  be  required  to  break  or  plow  five  acres  covered 
thereby  tlie  first  year,  five  acres  the  second  year,  and  to  cultivate  to  crop 
or  otherwise  the  five  acres  broken  or  plowed  the  first  year;  the  tliird  yc^r 
he  or  she  shall  cultivate  to  crop  or  otherwise  the  five  acres  broken  the 
second  year,  and  to  plant  in  timber,  seeds,  or  cuttings  tlie  five  acres  first 
broken  or  plowed,  and  to  cultivate  and  put  in  crop  or  otlierwise  the  remain- 
ing five  acres,  and  the  fourth  year  to  plant  in  timber,  seeds,  or  cuttings  tho 
remaining  five  acres.  All  entries  of  less  quantity  than  one  quarter-section 
shall  be  plowed,  planted,  cultivated  and  planted  to  trees,  tree-seeds,  or  cut- 
tings, in  the  same  manner  and  in  the  same  projiortion  as  hereinbefore  pro- 
vided for  a  quarter-section :  Provided,  however.  That  in  case  such  trees, 
seeds,  or  cuttings  shall  be  destroyed  by  grasshoppers,  or  by  extpcme  and 
unusual  drouth,  for  any  year  or  term  of  years,  the  time  for  planting  such 
ti-ecs,  seeds,  or  cuttings  shall  lx»  extended  one  year  for  every  such  year  that 
they  are  so  destroyed:  Provided  further,  That  the  person  making  such 
entry  shall,  before  he  or  she  shall  be  entitled  to  such  extension  of  time,  file 


60 

with  the  register  and  the  receiver  of  the  proper  *  land-office  an  affidavit, 
corroborated  by  two  witnesses,  setting  forth  the  destruction  of  such  trees, 
and  that,  in  consequence  of  such  destruction,  he  or  she  is  compelled  to  ask 
an  extension  of  time,  in  accordance  with  the  provisions  of  this  act:  And 
provided  further,  That  no  final  certificate  shall  be  given,  or  patent  issued, 
for  the  land  so  entered,  until  the  expiration  of  eight  years  from  the  date 
of  such  entry ;  and  if,  at  the  expiration  of  such  time,  or  at  any  time  within 
five  years  thereafter,  the  person  making  such  entry,  or,  if  he  or  she  be 
dead,  his  or  her  heirs  or  legal  representatives,  shall  prove  by  two  credible 
witnesses  that  he  or  she  or  they  have  planted,  and,  for  not  less  than  eight 
years,  have  cultivated  and  protected  such  quantity  and  character  of  trees  as 
aforesaid ;  that  not  less  than  twenty-seven  hundred  trees  were  planted  on 
each  acre,  and  that  at  the  time  of  making  such  proof  there  shall  be  then 
growing  at  least  six  hundred  and  seventy-five  living  and  thrifty  trees  to 
each  acre,  they  shall  receive  a  patent  for  such  tract  of  land. 

Sec.  3.  That  if  at  any  time  after  the  filing  of  said  affidavit,  and  prior 
to  the  issuing  of  the  patent  for  said  land,  the  claimant  shall  fail  to  comply 
with  any  of  the  requirements  of  this  act,  then  and  in  that  event  such  land 
shall  be  subject  to  entry  under  the  homestead  laws,  or  by  some  other  per- 
son under  the  provisions  of  this  act:  Provided,  That  the  party  making 
claim  to  said  land,  either  as  a  homestead  settler  or  under  this  act,  shall 
give,  at  the  time  of  filing  his  application,  such  notice  to  the  original  claimant 
as  shall  be  prescribed  by  the  rules  established  by  the  Commissioner  of  the 
Greneral  Land  Office ;  and  the  rights  of  the  parties  shall  be  determined  as 
in  other  contested  cases. 

Sec.  4.  That  no  land  acquired  under  the  provisions  of  this  act  shall,  in 
any  event,  become  liable  to  the  satisfaction  of  any  debt  or  debts  contracted 
prior  to  the  issuing  of  the  final  certificate  therefor. 

Sec.  5.  That  the  Commissioner  of  the  General  Land  Office  is  hereby 
required  to  prepare  and  issue  such  rules  and  regulations,  consistent  with 
this  act,  as  shall  be  necessary  and  proper  to  carry  its  provisions  into  effect ; 
and  that  the  registers  and  receivers  of  the  several  land-offices  shall  each  be 
entitled  to  receive  two  dollars  at  the  time  of  entry,  and  the  like  sum  when 
the  claim  is  finally  established  and  the  final  certificate  issued. 

Sec.  6.  That  the  fifth  section  of  the  act  entitled  "An  Act  in  addition  to 
an  act  to  punish  crimes  against  the  United  States,  and  for  other  purposes," 
approved  March  third,  eighteen  hundred  and  fifty-seven,  shall  extend  to 
all  oaths,  affirmations,  and  affidavits  required  or  authorized  by  this  act. 

Sec.  7.  That  parties  who  have  already  made  entries  under  the  acts 
approved  March  third,  eighteen  hundred  and  seventy-three,  and  March 
thirteenth,  eighteen  hundred  and  seventy-four,  of  which  this  is  amenda- 
tory, shall  be  permitted  to  complete  the  same  upon  full  compliance  with 
the  provisions  of  this  act;  that  is,  they  shall,  at  the  time  of  making  their 


61 

final  proof,  have  had  under  cultivation,  as  required  by  this  act,  an  amount 
of  timber  sufficient  to  make  the  number  of  acres  required  by  this  act. 

Sec.  8.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

Approved  June  14,  1878. 


[No.  5.] 

AN  ACT  to  provide  for  the  sale  of  desert  lands  in  certain  States  and  Territories. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  it  shall  be  lawful  for  any 
citizen  of  the  United  States,  or  any  person  of  requisite  age  "  who  may  be 
entitled  to  become  a  citizen,  and  who  has  filed  his  declaration  to  become 
such,"  and  upon  payment  of  twenty-five  cents  per  acre,  to  file  a  declaration, 
under  oath,  with  the  register  and  the  receiver  of  the  land-district  in  which 
any  desert  land  is  situated,  that  he  intends  to  reclaim  a  tract  of  desert  land, 
not  exceeding  one  section,  by  conducting  water  upon  the  same  within  the 
period  of  three  years  thereafter :  Provided,  however.  That  the  right  to  the 
use  of  water  by  the  person  so  conducting  the  same  on  or  to  any  tract  of 
desert  land  of  six  hundred  and  forty  acres  shall  depend  upon  bona  fide 
prior  appropriation ;  and  such  right  shall  not  exceed  the  amount  of  water 
actually  appropriated  and  necessarily  used  for  the  purpose  of  irrigation  and 
reclamation ;  and  all  surplus  water  over  and  above  such  actual  appropria- 
tion and  use,  together  with  the  water  of  all  lakes,  rivers,  and  other  sources 
of  water  supply  upon  the  public  lands,  and  not  navigable,  shall  remain 
and  be  held  free  for  the  appropriation  and  use  of  the  public  for  irrigation, 
mining,  and  manufacturing  purposes  subject  to  existing  rights.  Said  decla- 
ration shall  describe  particularly  said  section  of  land  if  surveyed,  and  if 
unsurveyed  shall  describe  the  same  as  nearly  as  possible  witliout  a  survey. 
At  any  time  within  the  jieriod  of  three  years  after  filing  said  declaration, 
uiK)n  making  satisfactory  proof  to  the  register  and  receiver  of  the  reclama- 
tion of  said  tract  of  land  in  the  manner  aforesaid,  and  upon  the  (myment 
to  the  receiver  of  the  additional  sum  of  one  dollar  per  acre  for  a  tract  of 
land  not  exceeding  six  hundred  and  Ibrty  acres  to  any  one  penson,  a  patent 
for  the  same  shall  be  issued  to  him :  Provided,  That  no  person  shall  be 
permitt(»d  to  enter  more  than  one  tract  of  land,  and  not  to  exceed  six  hun- 
dred and  forty  acres,  which  shall  be  in  compact  form. 

Sec.  2.  Tliat  all  lands  exclusive  of  timber  lands  and  mineral  lands  which 
will  not,  without  irrigation,  produce  some  agricultural  crop,  sliall  be  deemed 
desert  lands  within  the  meaning  of  this  act,  which  fact  sIuUl  Ix*  ascerttunod 
l)y  proof  of  two  or  more  credible  witnesses  under  oath,  whose  affidavits 
shall  be  filed  in  the  land-office  in  which  said  tract  of  land  may  be  situated. 


62 

Sec.  8.  That  this  act  shall  only  apply  to  and  take  effect  in  the  States  of 
California,  Oregon,  and  Nevada,  and  the  Territories  of  Washington,  Idaho, 
Montana,  Utah,  \yyoniing,  Arizona,  New  Mexico,  and  Dakota,  and  the 
determination  of  what  may  be  considered  desert  land  shall  be  subject  to  the 
decision  and  regulation  of  the  Commissioner  of  the  General  Land  Office. 

Approved  March  3,  1877. 


[No.  6.] 

AN  ACT  providing  for  the  sale  of  saline  lands. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  whenever  it  shall  be  made 
appear  to  the  register  and  the  receiver  of  any  land-office  of  the  United 
States  that  any  lands  within  their  district  are  saline  in  character,  it  shall  be 
the  duty  of  said  register  and  said  receiver,  under  the  regulation  of  the  Gen- 
eral Land  Office,  to  take  testimony  in  reference  to  such  lands  to  ascertain 
their  true  character,  and  to  report  the  same  to  the  General  Land  Office; 
and  if,  upon  such  testimony,  the  Commissioner  of  the  General  Land  Office 
shall  find  that  such  lands  are  saline  and  incapable  of  being  purchased  under 
any  of  the  laws  of  the  United  States  relative  to  the  public  domain,  then, 
and  in  such  case,  such  lands  shall  be  offered  for  sale  by  public  auction  at 
the  local  land-office  of  the  district  in  which  the  same  shall  be  situated, 
under  such  regulations  as  shall  be  prescribed  by  the  Commissioner  of  the 
General  Land  Office,  and  sold  to  the  highest  bidder  for  cash  at  a  price  not 
less  than  one  dollar  and  twenty-five  cents  per  acre;  and  in  case  said  lands 
fail  to  sell  when  so  offered,  then  the  same  shall  be  subject  to  private  sale, 
at  such  land-office,  for  cash,  at  a  price  not  less  than  one  dollar  and  twenty- 
five  cents  per  acre,  in  the  same  manner  as  other  lands  of  the  United  States 
are  sold ;  Provided,  That  the  foregoing  enactments  shall  not  apply  to  any 
State  or  Territory  which  has  not  had  a  grant  of  salines  by  act  of  Congress, 
nor  to  any  State  which  may  have  had  such  a  grant,  until  either  the  grant 
has  been  fully  satisfied,  or  the  right  of  selection  thereunder  has  expired  by 
efflux  of  time.  But  nothing  in  this  act  shall  authorize  the  sale  or  convey- 
ance of  any  title  other  than  such  as  the  United  States  has,  and  the  patents 
issued  shall  be  in  the  form  of  a  release  and  quit-claim  of  all  title  of  the 
"United  States  in  such  lands. 

Sec.  2.  That  all  executive  proclamations  relating  to  the  sales  of  public 
lands  shall  be  published  in  only  one  newspaper,  the  same  to  be  printed  and 
published  in  the  State  or  Territory  where  the  lands  are  situated,  and  to  be 
designated  by  the  Secretary  of  the  Interior, 

Approved  January  12,  1877. 


63 

[No.  7.] 
AN  ACT  respecting  the  limit*  of  rewrvatioiw  for  town-«lt«t  opon  Um  pubUe  dflnuUn. 

Be  it  eruided  by  the  Senate  and  House  of  RepreaerUaiive$  of  the  Dniitd 
States  of  America  in  Congress  assembled^  That  the  existence  or  inoorpom- 
tion  of  any  town  upon  the  public  lands  of  the  United  States  shall  not  be 
held  to  exclude  from  pre-emption  or  homestead  entry  a  greater  quantity 
than  twenty-five  hundred  and  sixty  acres  of  land,  or  the  maximum  area 
which  may  be  entered  as  a  town-site  under  existing  la\vs,  unlets  the  entire 
tract  claimed  or  incorjwrated  as  such  town-site  shall,  including  and  in  exoeiB 
of  the  area  above  specified,  be  actually  settled  uix)n,  inhabitc<l,  improved| 
and  used  for  business  and  municipal  purposes. 

Sec.  2.  That  where  entries  have  been  heretofore  allowed  upon  landa 
afterward  ascertained  to  have  been  embraced  in  the  corporate  limits  of  any 
town,  but  which,  entries  are  or  shall  l>e  shown,  to  the  satisfiiction  of  the 
Commissioner  of  the  General  Land  Office,  to  include  only  vacant  unoccu- 
pied lands  of  the  United  States,  not  settled  upon  or  used  for  municipal 
purposes,  nor  devoted  to  any  public  use  of  such  town,  said  entries,  if  r(^- 
lar  in  all  resi)ects,  are  hereby  confirmed  and  may  be  carried  into  patent: 
Provided,  That  this  confirmation  shall  not  operate  to  restrict  the  entry  of 
any  town-site  to  a  smaller  area  than  the  maximum  quantity  of  land  which, 
by  reason  of  present  population,  it  may  be  eotitled  to  enter  under  section 
twenty-three  hundred  and  eighty-nine  of  the  Revised  Statutes. 

Sec.  3.  That  whenever  the  corporate  limits  of  any  town  upon  the  public 
domain  are  shown  or  alleged  to  include  lands  in  excess  of  the  maximum 
area  six»eified  in  section  one  of  this  act,  the  Commissioner  of  the  General 
Land  Office  may  require  the  authorities  of  such  town,  and  it  shall  be  law- 
ful for  them,  to  elect  what  portion  of  said  lands,  in  compact  fonn  and  em- 
bracing the  actual  site  of  the  municipal  occupation  and  improvement,  shall 
be  withheld  from  pre-emption  and  homestead  entry;  and  thereafter  the 
residue  of  such  lands  shall  be  open  to  dis|)osal  under  the  homestead  and 
pre-emption  laws.  And  upon  default  of  said  town  authorities  to  make 
such  selection  within  sixty  days  after  notification  by  the  Commissioner,  he 
may  direct  testimony  respecting  the  actual  location  and  extent  of  said  im- 
provements, to  be  taken  by  the  regist<*r  and  receiver  of  the  distrit't  in  which 
such  town  may  be  situated ;  and,  uiK>n  receipt  of  the  same,  he  may  deter- 
mine and  set  off  the  pro|x»r  site  lu-cording  to  section  one  of  this  act,  ami 
declare*  the  remaining  lands  open  to  settlnnent  alid  entry  under  the  home- 
stead and  pre-emption  laws;  and  it  shall  l)e  the  duty  of  the  secretary  of 

loh  of  the  Territories  of  the  United  States  to  furnish  the  surN^oj^or-general 
of  the  Territor}',  for  the  use  of  the  Unitwl  States,  a  copy  duly  certifiwl  of 
every  act  of  the  legislature  of  the  Territor}^  inoorporating  any  city  or  town, 
the  same  to  be  forwarded  by  such  secretary  to  the  surveyor-general  witliin 
one  month  from  date  of  its  approval. 


64 

Sec.  4.  It  shall  be  lawful  for  any  to^vn  which  has  made,  or  may  here- 
after make,  entry  of  less  than  the  maximum  quantity  of  land  named  in 
section  twenty-three  hundred  and  eighty-nine  of  the  Revised  Statutes  to 
make  such  additional  entry,  or  entries,  of  contiguous  tracts,  which  may  be 
occupied  for  town  purposes  as  when  added  to  the  entry  or  entries  thereto- 
fore made  will  not  exceed  twenty-five  hundred  and  sixtj-  acres :  Provided, 
That  such  additional  entry  shall  not  together  with  all  prior  entries  be  in 
excess  of  the  area  to  which  the  town  may  be  entitled  at  date  of  the  addi- 
tional entry  by  virtue  of  its  population  as  prescribed  in  said  section  twenty- 
three  hundred  and  eighty-nine. 

Approved  March  3,  1877. 


[No.  8.] 

AN  ACT  for  the  sale  of  timber  lands  in  the  States  of  California,  Oregon,  Nevada,  and  in 

Washington  Territory. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemhledy  That  surveyed  public  lands  of  the 
United  States  within  the  States  of  California,  Oregon,  and  Nevada,  and  in 
Washington  Territory,  not  included  within  military,  Indian,  or  other  res- 
ervations of  the  United  States,  valuable  chiefly  for  timber,  but  unfit  for 
cultivation,  and  which  have  not  been  offered  at  public  sale  according  to 
law,  may  be  sold  to  citizens  of  the  United  States,  or  persons  who  have 
declared  their  intention  to  become  such,  in  quantities  not  exceeding  one 
hundred  and  sixty  acres  to  any  one  person  or  association  of  persons,  at  the 
minimum  price  of  two  dollars  and  fifty  cents  per  acre;  and  lands  valuable 
chiefly  for  stone  may  be  sold  on  the  same  terms  as  timber  lands:  Provided, 
That  nothing  herein  contained  shall  defeat  or  impair  any  bona-fide  claim 
under  any  law  of  the  United  States,  or  authorize  the  sale  of  any  mining 
claim,  or  the  improvements  of  any  bona-fide  settler,  or  lands  containing 
gold,  silver,  cinnabar,  copper,  or  coal,  or  lands  selected  by  the  said  States 
under  any  law  of  the  United  States  donating  lands  for  internal  improve- 
ments, education,  or  other  purposes :  And  provided  further.  That  none  of 
the  rights  conferred  by  the  act  approved  July  twenty-sixth,  eighteen  hun- 
dred and  sixty-six,  entitled  "An  Act  granting  the  right  of  way  to  ditch 
and  canal  owners  over  the  public  lands,  and  for  other  purposes,"  shall  be 
abrogated  by  this  act;  and  all  patents  granted  shall  be  subject  to  any  vested 
and  accrued  water  rights,  or  rights  to  ditches  and  reservoirs  used  in  con- 
nection w^ith  such  water-rights,  as  may  have  been  acquired  under  and  by 
tlie  provisions  of  said  act;  and  such  rights  shall  be  expressly  reserved  in 
any  patent  issued  under  this  act. 


65 

Sec.  2.  That  any  person  desiring  to  avail  himself  of  the  pruvbOoof  of 
this  act  shall  file  with  the  register  of  the  proiKjr  diHtrict  a  written  Ktati-incnt 
in  duplicate,  one  of  which  is  to  be  transmitted  to  the  General  I^nd  Ollirc, 
designating  by  legal  sulxiivisions  the  particular  tract  of  land  he  doniw  to 
purchase,  setting  forth  that  the  same  is  unfit  for  cultivation,  and  valuable 
chiefly  for  its  timber  or  stone;  that  it  is  uninhabiUnl ;  <Y)ntaiii8  no  mining 
or  other  improvements,  except  for  ditch  or  canal  puriK)»H!«,  where  aiiyaucfa 
do  exist,  save  such  as  were  made  by  or  l>elong  to  the  applit^int,  nor,  an  de- 
ponent verily  believes,  any  valuable  deix)8it  of  gold,  silver,  ciunaliur,  copper, 
or  coal ;  that  deponent  has  made  no  other  application  under  this  act ;  tliat 
he  does  not  apply  to  purchase  the  same  on  sjK'culation,  but  in  gwid  faith  to 
appropriate  it  to  his  own  exclusive  use  and  Ixjuefit;  and  that  he  ha»  not, 
directly  or  indirectly,  made  any  agreement  or  contnict,  in  any  way  or  man- 
ner, with  any  person  or  persons  whatsoever,  by  which  the  title  which  he 
might  acquire  from  the  Government  of  the  United  Stiites  should  inure,  in 
whole  or  in  part,  to  the  benefit  of  any  person  except  himself;  which  state- 
ment must  be  verified  by  the  oath  of  the  applicant  before  tlie  register  or 
the  receiver  of  the  land-office  within  the  district  where  the  land  is  situated; 
and  if  any  person  taking  such  oath  shall  swear  falsely  in  the  premises,  he 
shall  be  subject  to  all  the  pains  and  penalties  of  jxiijury,  and  shall  forfeit 
the  money  which  he  may  have  paid  for  said  lands,  and  all  right  and  title 
to  the  same;  and  any  grant  or  conveyance  which  he  may  have  made,  excvpt 
in  the  hands  of  bona-fide  purchasers,  shall  be  null  and  voiil. 

Sec.  3.  That  upon  the  filing  of  said  statement,  as  pn>vide<l  in  the  sr**- 
ond  section  of  this  act,  the  register  of  the  land-office  shall  jxist  a  notiw  of 
such  application,  embracing  a  description  of  the  land  by  legal  sulxlivLsioiiM, 
in  his  office,  for  a  period  of  sixty  days,  and  shall  furnish  the  applicant  a 
copy  of  the  same  for  publication,  at  the  expense  of  such  applit^mt,  in  a 
newspaper  published  nearest  the  location  of  the  premise*,  for  a  h'ke  |ieriod 
of  time;  and  after  the  expiration  of  said  sixty  days,  if  no  advewe  claim 
shall  have  been  filed,  the  person  desiring  to  purchase  sliall  funiisli  to  the 
register  of  the  land-ofiice  satisfactory  evidence,  first,  that  sjiid  notitt?  of  the 
application  prepared  by  the  register  as  aforesaid  was  duly  puhlL«*hrtl  in  a 
newspaper  as  herein  required ;  secondly,  that  the  land  is  of  the  chandar 
contemplated  in  this  act,  unoccupied  and  without  imi)nm»mentB,  other  than 
those  excepted,  either  mining  or  agricultural,  and  tliat  it  apparently  eon- 
tains  no  valuable  deposits  of  gold,  silver,  cinnabar,  oopjKT,  or  cwil;  and 
upon  payment  to  the  proper  officer  of  the  pureJiase-money  of  aaid  law!, 
together  with  the  fees  of  the  register  an<l  the  rewiver,  as  provided  for  in 
case  of  mining  claims  in  the  twelfth  section  of  the  act  approve  '     '        nth, 

eighteen  hundred  and  seventy-two,  the  applimnt  may  be  pcnu. iiUr 

said  tract,  and,  on  the  transmission  to  the  General  Und  Offi«v  of  the  |iii|>cra 
and  testimony  in  the  case,  a  patent  shall  issue  thereon:  FrocUM,  Tliat  anj 
5 


66 

person  having  a  valid  claim  to  any  portion  of  the  land  may  object,  in  writ- 
ing, to  the  issuance  of  a  patent  to  lands  so  held  by  him,  stating  the  nature 
of  his  claim  thereto;  and  evidence  shall  be  taken,  and  the  merits  of  said 
objection  shall  be  determined  by  the  officers  of  the  land-office,  subject  to 
appeal,  as  in  other  land  cases.  Effect  shall  be  given  to  the  foregoing  pro- 
visions of  this  act  by  regulations  to  be  prescribed  by  the  Commissioner  of 
the  General  Land  Office. 

*  .  *  *  *  *  *  :jt 

Sec.  6.  That  all  acts  and  parts  of  acts  inconsistent  with  the  provisions 
of  this  act  are  hereby  repealed. 
Approved  June  3,  1878. 


[No.  9.] 

AN  ACT  making  appropriations  to  supply  deficiencies  in  the  appropriations  for  fiscal  years 
ending  June  thirtieth,  eighteen  hundred  and  seventy-five,  and  prior  years,  and  for  other 
purposes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled^  *  ;};  * 

Sec.  15.  That  any  Indian,  born  in  the  United  States,  w^ho  is  the  head 
of  a  family,  or  who  has  arrived  at  the  age  of  twenty-one  years,  and  who 
has  abandoned,  or  may  hereafter  abandon,  his  tribal  relations,  shall,  on 
making  satisfactory  proof  of  such  abandonment  under  rules  to  be  prescribed 
by  the  Secretarjr  of  the  Interior,  be  entitled  to  the  benefits  of  the  act  enti- 
tled "An  Act  to  secure  homesteads  to  actual  settlers  on  the  public  domain," 
approved  May  twentieth,  eighteen  hundred  and  sixty-two,  and  the  acts 
amendatory  thereof,  except  that  the  provisions  of  the  eighth  section  of  the 
said  act  shall  not  be  held  to  apply  to  entries  made  under  this  act :  Provided, 
however,  That  the  title  to  lands  acquired  by  any  Indian  by  virtue  hereof 
shall  not  be  subject  to  alienation  or  incumbrance,  either  by  voluntary  con- 
veyance, or  the  judgment,  decree,  or  order  of  any  court,  and  shall  be  and 
remain  inalienable  for  a  period  of  five  years  from  the  date  of  the  patent 
issued  therefor :  Provided,  That  any  such  Indian  shall  be  entitled  to  his 
distributive  share  of  all  annuities,  tribal  funds,  lands,  and  other  property, 
the  same  as  though  he  had  maintained  his  tribal  relations;  and  any  trans- 
fer, alienation,  or  incumbrance  of  any  interest  he  may  hold  or  claim  by 
reason  of  his  formal  tribal  relations  shall  be  void. 

Sec.  16.  That  in  all  cases  in  which  Indians  have  heretofore  entered 
public  lands  under  the  homestead  law,  and  have  proceeded  in  accordance 
with  the  regulations  prescribed  by  the  Commissioner  of  the  General  Land 
Office,  or  in  which  they  may  hereafter  be  allowed  to  so  enter  under  said 
regulations  prior  to  the  promulgation  of  regulations  to  be  established  by  the 
Secretary  of  the  Interior  under  the  fifteenth  section  of  this  act,  and  in  which 


67 

the  conditions  prescribed  by  law  have  been  or  may  be  complied  with,  the 
entries  so  alloweil  are  hereby  confirmed,  and  patents  shall  be  issued  thereon ; 
subject,  however,  to  the  restrictions  and  limitations  contained  in  the  fifteenth 
section  of  this  act  in  regard  to  alienation  and  incumbrance. 
Approved  March  3,  1875. 


[No.  10.] 

AN  ACT  defining  the  manner  in  which  certain  land-sorip  may  be  assigned  and  located,  or 
applied  by  actual  settlers,  and  providing  for  the  issue  of  patents  in  the  name  of  the  locator 
or  his  legal  representatives. 

Be  it  enacted  by  the  Senate  and  House  of  Represerdatives  of  the  United 
States  of  America  in  Congress  assembled.  That  whenever,  in  cases  prose- 
cuted under  the  acts  of  Congress  of  June  twenty-second,  eighteen  hun- 
dred and  sixty,  March  second,  eighteen  hundred  and  sixty-seven,  and  the 
first  section  of  the  act  of  June  tenth,  eighteen  hundred  and  seventy-two, 
providing  for  the  adjustment  of  private  land-claims  in  the  States  of  Florida, 
Louisiana,  and  Missouri,  the  validity  of  the  claim  has  been,  or  shall  be 
hereafter,  recognized  by  the  Supreme  Court  of  the  United  States,  and  the 
court  has  decreed  that  the  plaintiff  or  plaintiffs  is  or  are  entitled  to  enter  a 
certain  number  of  acres  upon  the  public  lands  of  the  United  States,  subject 
to  private  entry  at  one  dollar  and  twenty-five  cents  per  acre,  or  to  receive 
certificate  of  location  for  as  much  of  the  land  the  title  to  which  has  been 
established  as  has  been  disposed  of  by  the  United  States,  certificate  of  loca- 
tion shall  be  issued  by  the  Commissioner  of  the  General  I^and  Office,  attested 
by  the  seal  of  said  office,  to  be  located  as  provided  for  in  the  sixth  section 
of  the  aforesaid  act  of  Congress  of  June  twenty-second,  eighteen  Imndred 
and  sixty,  or  applied  according  to  the  provisions  of  the  second  section  of 
this  act;  and  said  certificate  of  location  or  scrip  shall  be  sulnlivided  accord- 
ing to  the  request  of  the  confirmee  or  confirmees,  and,  as  nearly  as  prac- 
ticable, in  conformity  with  the  legal  divisions  and  subdivisions  of  the 
public  lands  of  the  United  States,  and  shall  be,  and  are  hereby  declared  to 
be,  assignable  by  deed  or  instrument  of  writing,  according  to  the  form  and 
pursuant  to  regulations  prescribed  by  the  Commissioner  of  the  General 
Land  Office,  so  as  to  vest  the  assignee  with  all  the  rights  of  the  original 
owners  of  the  scrip,  including  the  right  to  locate  the  scrip  in  his  own  name. 

Sec.  2.  That  such  scrip  shall  Ixj  receive<l  from  actual  settlers  only  in 
payment  of  pre-emption  claims  or  in  commutation  of  homestead  claims,  in 
tlie  same  manner  and  to  the  same  extent  as  is  now  authorized  by  law  in  the 
case  of  military  bounty-land  warrants. 

Sec.  3.  That  the  register  of  the  projx?r  land-oflSce,  upon  any  such  certifi- 
cate being  loaited,  shall  issue,  in  the  name  of  the  party  making  the  locjition, 
a  certificate  of  entry,  upon  which,  if  it  shall  appear  to  the  satisfaction  of 


68 

the  Commissioner  of  the  General  Land  Office  that  such  certificate  has  been 
fairly  obtained,  according  to  the  true  intent  and  meaning  of  this  act,  a 
patent  shall  issue,  as  in  other  cases,  in  the  name  of  the  locator  or  his  legal 
representative. 

Sec.  4.  That  the  provisions  of  this  act  respecting  the  assignm^ent  and 
patenting  of  scrip  and  its  application  to  pre-emption  and  homestead  claims 
shall  apply  to  the  indemnitv-certificates  of  location  provided  for  by  the  act 
of  the  second  of  June,  eighteen  hundred  and  fifty-eight,  entitled  "An  Act 
to  provide  for  the  location  of  certain  confirmed  private  land-claims  in  the 
State  of  Missouri,  and  for  other  purposes.^' 

Approved  January  28,  1879. 


[No.  11.] 

AN  ACT  to  grant  additional  rights  to  homestead  settlers  on  public  lands  within  railroad 

limits. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assemhledy  That  from  and  after  the  passage 
of  this  act,  the  even  sections  within  the  limits  of  any  grant  of  public  lands 
to  any  railroad  company,  or  to  any  military  road  company,  or  to  any  State 
in  aid  of  any  railroad  or  military  road,  shall  be  open  to  settlers  under  the 
homestead  laws  to  the  extent  of  one  hundred  and  sixty  acres  to  each  set- 
tler, and  any  person  who  has,  under  existing  laws,  taken  a  homestead  on 
any  even  section  within  the  limits  of  any  railroad  or  military  road  land- 
grant,  and  who  by  existing  laws  shall  have  been  restricted  to  eighty  acres, 
may  enter  under  the  homestead  laws  an  additional  eighty  acres  adjoining 
the  land  embraced  in  his  original  entry,  if  such  additional  land  be  subject 
to  entry;  or  if  such  person  so  elect,  he  may  surrender  his  entry  to  the 
United  States  for  cancellation,  and  thereupon  be  entitled  to  enter  lands 
under  the  homestead  laws  the  same  as  if  the  surrendered  entry  had  not 
been  made.  And  any  person  so  making  additional  entry  of  eighty  acres, 
or  new  entry  after  the  surrender  and  cancellation  of  his  original  entry,  shall 
be  permitted  so  to  do  without  payment  of  fees  and  commissions ;  and  the 
residence  and  cultivation  of  such  person  upon  and  of  the  land  embraced  in 
his  original  entry  shall  be  considered  residence  and  cultivation  for  the  same 
length  of  time  upon  and  of  the  land  embraced  in  his  additional  or  new 
entry,  and  shall  be  deducted  from  the  five  years'  residence  and  cultivation 
required  by  law :  Pi^ovlded,  That  in  no  case  shall  patent  issue  upon  an  addi- 
tional or  new  homestead  entry  under  this  act  until  the  person  has  actually, 
and  in  conformity  with  the  homestead  laws,  occupied,  resided  upon,  and 
cultivated  the  land  embraced  therein  at  least  one  year. 

Approved  March  3,  1879. 


69 

[No.  12.] 

AN  ACT  to  grant  additional  rights  to  homestead  Betth-rs  on  public  landa  within  railroad 
limits  in  the  States  of  Missouri  and  Arkansas. 

Be  it  enacted  by  the  Senate  and  House  of  Bepresentativea  of  the  United 
States  of  America  in  Congress  assembled j  That  from  and  after  the  passage 
of  this  act  the  odd  sections  within  the  limits  of  any  gi-ant  of  public  lands 
to  any  railroad  company  in  the  States  of  Missouri  and  Arkansas,  or  to  such 
States  respectively,  in  aid  of  any  railroad,  where  the  even  sections  have 
been  granted  to  and  received  by  any  railroad  company  or  by  such  States 
respectively  in  aid  of  any  railroad,  shall  be  open  to  settlers  under  the 
homestead  laws  to  the  extent  of  one  hundred  and  sixty  acres  to  each 
settler;  and  any  person  who  has  under  existing  laws  taken  a  homestead  on 
any  section  within  the  limits  of  any  railroad  grant  in  said  States,  and  who 
by  existing  laws  shall  have  been  restricted  to  eighty  acres,  may  enter  under 
the  homestead  laws  an  additional  eighty  acres  adjoining  the  land  embraced 
in  his  original  entry,  if  such  additional  land  be  subject  to  entry;  or  if  such 
person  so  elect,  he  may  surrender  his  entry  to  the  United  States  for  cancel- 
lation, and  thereupon  be  entitled  to  enter  lands  under  the  homestead  laws 
the  same  as  if  the  surrendered  entry  had  not  been  made.  And  any  person 
so  making  additional  entry  of  eighty  acres,  or  new  entry  after  the  cancel- 
lation of  his  original  entry,  shall  be  permitted  to  do  so  without  payment 
of  fees  or  commissions;  and  the  residence  of  such  person  u{x>n  and  cultiva- 
tion of  the  land  embraced  in  liLs  original  entry  shall  be  considered  residence 
and  cultivation  for  the  same  length  of  time  upon  and  of  the  land  embraced 
in  his  additional  or  new  entry,  and  shall  be  deducted  from  the  five  years* 
residence  and  cultivation  required  by  law:  Providedy  That  in  no  case  shall 
patent  issue  upon  an  additional  or  new  homestead  entry  under  thus  act  until 
the  person  has  actually,  and  in  conformity  Avith  the  homestead  laws,  occu- 
pied, resided  upon,  and  cultivated  the  land  embraced  therein  at  Iciist  one 
year. 

Approved  July  1,  1879. 


[No.  13.] 

AN  ACT  to  provide  additional  regulations  for  homestead  and  pre-emption  entries  of  public 

lands. 

Be  it  enacted  by  the  Senate  and  House  of  Repre^entaiivea  of  the  United 
States  of  America  in  Congress  assembledy  That  before  final  proof  shall  be 
submitted  by  any  person  claiming  to  enter  agricultural  lands  under  the 
laws  providing  for  pre-emption  or  homestead  entries,  such  person  shall  file 
with  the  register  of  the  projier  land-office  a  notice  of  hia  or  her  intention 
to  make  such  proof,  stating  therein  tlie  description  of  lands  to  be  entered, 


70 

and  the  names  of  the  witnesses  by  whom  the  necessary  facts  will  be  estab- 
lished. Upon  the  filing  of  such  notice  the  register  shall  publish  a  notice, 
that  such  application  has  been  made,  once  a  week  for  the  period  of  thirty 
days,  in  a  newspaper  to  be  by  him  designated  as  published  nearest  to  such 
land,  and  he  shall  also  post  such  notice  in  some  conspicuous  place  in  his 
office  for  the  same  period.  Such  notice  shall  contain  the  names  of  the 
witnesses  as  stated  in  the  application.  At  the  expiration  of  said  period  of 
thirty  days  the  claimant  shall  be  entitled  to  make  proof  in  the  manner 
heretofore  provided  by  law.  The  Secretary  of  the  Interior  shall  make  all 
necessary  rules  for  giving  effect  to  the  foregoing  provisions. 
Approved  March  3,  1879. 


[No.  14.] 

CASH  APPLICATION. 

No. .  Land  Office  at , 

{Date) ,  18—. 

I, ,  of county, ,  do  hereby  apply  to  purchase  the  of  section 

,  in  township ,  of  range ,  containing acres,  according  to  the  returns  of  the 

surveyor  general)  for  which  I  have  agreed  with  the  register  to  give  at  the  rate  of per 

acre. 


register  of  the  Land  Office  at ,  do  hereby  certify  that  the  lot  above  d 


scribed  contains acres,  as  mentioned  above,  and  that  the  price  agreed  upon  is per 

acre. 

,  Begister. 


fNo.  15.] 
CASH  KECEIPT. 

No. .  Eeceiver's  Office  at , 

{Date) ,  18—. 

Eeceived  from ,  of county, ,  the  sum  of dollars  and cents; 

being  in  full  for  the quarter  of  section  No. ,  in  township  No. ,  of  range  No. , 

containing acres  and hundredths,  at  $ per  acre. 

,  Receiver. 


[No.  16.] 
CASH  CERTIFICATE. 
No. Land  Office  at , 

{Date) ,  18—. 

It  is  hereby  certified  that,  in  pursuance  of  law, ,  of county.  State  of , 

on  this  day  purchased  of  the  register  of  this  office  the  lot  or of  section  No. ,  in  town- 
ship No. ,  of  range  No. ,  containing acres,  at  the  rate  of dollars  and 

cents  per  acre,  amounting  to dollai's  and  cents,  for  which  the  said 

ha —  made  payment  in  full  as  required  by  law. 

Now,  therefore,  he  it  known,  that  on  presentation  of  this  certificate  to  the  Commissioner  of 

the  General  Land  Office,  the  said shall  be  entitled  to  receive  a  patent  for  the 

lot  above  described. 

Rf.mKter. 


71 

[No.  17.] 


Land  Officb  at 


(Doit) ,  18_. 

Mr. liaH  this  day  paid dollara,  the  reginter'a  and  rM)eiver'«  fwm,  to  file  a 

declaratory  stateniuut,  the  receipt  wherotif  is  hereby  acknuwledgiHl. 

~~"— ^  f  StCttMTt 

No. . 

Mr. ,  having  paid  the  fees,  has  this  day  filed  in  this  ofBce  hb  declaratory 

statement,  No. ,  for of  section ,  in  township ,  of  range ,  containing 

acres,  settled  upon ,  18 — ,  being offered. 

,  Reffiater, 


[No.  18.] 

DECLARATORY  STATEMENT  FOR  CASES  WHERE  THE  LAND  IS  NOT  SUB- 
JECT TO  PRIVATE  ENTRY. 

I, ,  of ,  being  ,  have,  on  the  day  of ,  A.  D.  18 — ,  settled 

and  improved  tlie quarter  of  section  No, ,  in  township  No. ,  «»f  range  No. , 

in  the  district  of  lands  subjwrt  to  sale  at  the  land-office  at  ,  and  containing acres. 

which  land  has  not  yet  been  offered  at  public  sale,  and  thus  rendered  8ubj»«ct  to  private  entry; 
and  I  do  hereby  declare  my  intention  to  claim  the  said  ti-act  of  land  as  a  pre-emption  ri^ht 
under  section  2251)  of  the  Revised  Statutes  of  the  United  States. 
Given  under  my  hand  this day  of ,  A.  D.  18 — . 


In  presence  of  • 


[No.  19.] 


DECLARATORY  STATEMENT  FOR  CASES  WHERE  THE  LAND  CLAIMi:i>  13 
SUBJECT  TO  PRIVATE  ENTRY. 

I, ,  of ,  being ,  have,  since  the  Ist  day  of ,  A.  D.  18 — ,  settled 

and  improved  the quarter  of  section  No. ,  in  township  No. ,  of  range  No. , 

in  the  district  of  lands  subject  to  sale  at  the  land-office  at ,  and  containing arm, 

which  land  had  been  rtndered  subject  to  private  entry  prior  to  my  settlement  iherwin ;  and  I  do 
hereby  declare  my  intention  to  claim  the  said  tract  of  land  as  a  pre-emption  right,  under  MO' 
tion  2259  of  the  Revised  Statutes  of  the  United  States. 

Given  under  my  hand  this day  of ,  A.  D.  18 — . 

In  presence  of . 


[No.  20.] 
AFFIDAVIT  REQUIRED  OF  PRE-EMPTION  CLAIMANT. 

I, ,  claiming  the  right  of  pre-emption,  umler  section  W60  of  the  RvrlMd 

Statutes  of  the  United  States,  to  the of  Si-ction  No. ,  of  township  No. ,  of  range 

No. ,  subject  to  sale  at ,  do  solemnly that  I  have  never  had  the  benefit  of  any 

right  of  pre-emption  under  said  section;  that  I  am  nut  the  owner  of  SsW)  acn*  of  land  In  any 
State  or  Territory  of  the  United  States,  nor  have  I  settlwi  np«.n  and  improrwlMid  huid  lo  sell 
the  same  on  speculation,  but  in  good  faith  to  appropriate  it  to  my  own  exolariw  OM  or  bene* 
fit;  and  that  I  have  not,  directly  or  indirectly,  made  any  agreement  or  contmct.  In  any  way 
or  manner,  with  any  person  or  pi»r»»uns  whomsoever,  by  which  the  title  which  I  may  acquire 
from  the  Government  of  the  United  States  should  inure,  in  whole  or  in  part,  lo  the  beodll  of 
any  pei*son  except  myself. 

I, ,  of  the  Land  Office  at ,  do  hereby  cwtify  that  tb«  above  affidavit  wat 

aiiKo<...:K^    anA   a\vntn>  tn  KwfitrM  niM  thlJI  ■     daV  OI  .    A.   D.    lO^. 


72 

[No.  21.] 
PRE-EMPTION  PEOOF. 

TESTIMONY  OF   CLAIMANT. 


;  being  called  as  a  witness  in own  behalf  in  support  of pre-emption 

claim  to  the ,  testifies  as  follows : 

Ques.  1.  What  is  your  name"?  (Be  careful  to  give  it  in  full,  correctly  spelled,  in  order  that 
it  may  be  here  written  exactly  as  you  wish  it  written  in  the  patent  which  you  desire  to  ob- 
tain.) 

Ans.  . 

Ques.  2.  What  is  your  age  ? 

Ans.  . 

Ques.  3.  Are  you  the  head  of  a  family,  or  a  single  person;  and,  if  the  head  of  a  family,  of 
whom  does  your  family  consist  ? 

Ans.  . 

Ques.  4.  Are  you  a  native-born  citizen  of  the  United  States  ?  If  not,  have  you  declared 
your  intention  to  become  a  citizen,  and  have  you  obtained  a  certificate  of  naturalization  ?  * 

Ans.  . 

Ques.  5.  Is  the  land  embraced  in  your  pre-emption  claim,  above  described,  included  within 
the  limits  of  an  incorporated  town;  or  has  it  been  selected  as  the  site  of  a  city  or  town,  and 
actually  settled  and  occupied  for  purposes  of  trade  and  business? 

Ans.  . 

Ques.  6.  Are  there  any  indications  of  coal,  salines,  or  minerals  of  any  kind  on  this  land? 
(If  so,  state  what  they  are,  and  whether  the  springs  or  mineral  deposits  are  valuable.) 

Ans.  . 

Ques.  7.  Is  the  land  more  valuable  for  agricultural  than  mineral  purposes? 

Ans.  . 

Ques.  8.  What  is  your  post-oflBce  address? 

Ans.  . 

Ques.  9.  Are  you  the  owner  of  320  acres  of  land  in  any  State  or  Territory? 

Ans.  . 

Ques.  10.  Have  you  left  or  abandoned  a  residence  on  land  of  your  own  in  this to  re- 
side upon  the  land  above  described  ? 

Ans.  . 

Ques.  11.  Have  you  ever  filed  a  pre-emption  declaratory  statement  for  other  land  than  that 
above  described?  (If  so,  give,  as  nearly  as  you  can,  the  date  thereof  and  description  of  the 
land.) 

Ans.  . 

Ques.  12.  Have  you  heretofore  made  a  pre-emption  entry  ? 

Ans.  . 

Ques.  13.  Have  you  settled  upon  and  improved  the  land  for  which  you  now  apply  to  sell 
the  same  on  speculation  ? 

Ans.  . 

Ques.  14.  Have  you  given  any  mortgage  on  this  land,  and  have  you  made  any  agreement 
to  sell  the  same  ? 

Ans.  . 

Ques.  15.  When  did  you  make  settlement  on  the  land,  and  what  constituted  your  first  act 
of  settlement  ? 

Ans.  . 

Ques.  16.  What  improvements,  if  any,  were  on  the  land  at  date  of  your  settlement?  (If 
any,  state  who  owned  them,  and  whether  they  now  belong  to  you.) 

Ans.  . 


*  In  case  the  party  has  been  naturalized,  or  has  only  declared  his  Intention  to  become  a  citizen,  a  certified  copy 
of  his  certificate  of  naturalization  or  declaration  of  intention,  as  the  case  may  be,  must  be- furnished. 


73 

Qiu'8.  17.  What  improvemeiit«  have  yon  made  on  this  land  tuhMquent  to  your  flnt  aet  of 
eettlfinent  y  (Describe  them,  and  stat«  the  total  value  of  the  iaipror«iiieDt«  0WD«d  bjyoa 
thereon.) 

Ans.  . 

QiieB.  18.  When  did  yon  first  eetablish  your  residence  upon  the  land  f 

AlJ8.  . 

Ques.  19.  Have  you  resided  upon  the  land  ever  since  T 

Ans.  . 

Ques.  20.  What  use  have  you  made  of  the  landT 

Ans.  . 

Ques.  21.  How  much  of  the  land,  if  any,  has  been  broken  and  cultivated  tino«  joar  Mttl«- 
ment  ? 

Ans.  . 

I  llEREHY  CERTIFY  that  each  question  and  answer  in  the  foregoing  testimony  WM  read  to 

the  claimant  before signed name  thereto,  and  that  tla-  mhiw  wn**  sulMcrilied  and 

Bworn  to  before  me  this day  of ,  18 — . 


NoTB. — Tlie  officer  before  whom  tlie  testimony  in  taken  should  call  the  attention  of  Iho  witncw  to  the  follow- 
ing section  of  the  Revised  Statutes,  and  state  to  liim  that  it  is  tlie  i)uriH)6e  of  the  Uuvernment,  if  it  be  MCer^ 
tained  that  lie  testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law  : 

TiTLK  i,xx.— CRIME.S.— C»i.  4, 

Sec.  5.*}02.  Every  person  who,  havinp  taken  an  outh  before  a  competent  frihunnl  ' -raoB,  In  AOJ 

case  iu  which  a  hiw  of  the  United  States  aiithorizi-s  an  outii  to  be  Hdmitii^teriHl,  tliai  I  > .  deciuv,  de* 

pose,  or  certify  truly,  or  that  any  written  testimony,  declan»tion,  dc|>oHition,  or  tertiti  «iit"KTllied  is 

true,  willfully  and  contrary  to  such  «Mith  states  or  subs^'rilK's  any  nititerial  matter  m  li  :<-Te  to 

be  true,  is  guilty  of  perjury,  and  shall  be  punished  by  a  tine  of  not  nn»re  than  t«"  hhI  bjr 

imprisonment,  at  hard  labor,  not  more  than  tive  years,  und  shall,  moreover,  tlieri'iilt.'  .  if'viog 

testimony  iu  any  court  of  the  United  States  until  such  tiiue  as  the  Judgmeut  agaiust  hiw  i*  revtuMMi.    [i—  Sec 
1760.J 


[No.  22.] 

( The  testimony  of  two  witnesses,  in  this  form,  Uken  separately,  required  In  esdi  csmw) 
PREEMPTION  PROOF. 

TESTIMONY  OF  WITNESS. 

,  being  called  as  a  witness  in  support  of  the  pre-emption  claim  of  • 


to  the ,  testifies  as  follows 


Ques.  1.  What  is  your  post-office  address  T 

Ans.  . 

Ques.  2.  What  is  yoin*  occupation  T 

Ans.  . 

QiM'8.  3.  Are  you  well  acquainted  with  ,  the  chiituunl  in  im"  i.i»m«,  and  boW 

loiij^'  luive  you  known 1 

Ans.  . 

Ques.  4.  How  old  do  you  know  or  believe  claimant  to  bet 

Ans.  , 

Ques.  5.  Is  claimant  the  head  of  a  family,  or  a  sbgle  perMo;  and,  if  the  head  of  a  fiunily, 
of  whom  does  the  family  consist  f 

Ans.  . 

Ques.  6.  Is  claimant  a  native-born  citizen  of  the  United  StalM?  (If  BO^  itol«,  If  yoa  can, 
what  steps  — —  has  taken  to  become  naturalized.) 

Ans.  . 

Ques.  7.  Are  you  acquainted  with  the  land  aboTO  dsacribed  ? 

Ans.  . 

Ques.  8.  Do  you  live  in  the  vicinity  of  the  landt 


74 

Ques.  9.  Is  this  land  within  the  limits  of  an  incorporated  town,  or  has  it  been  selected  as 
the  site  of  a  city  or  town  and  actually  settled  and  occupied  for  purposes  of  trade  and  business  ? 

Ans.  . 

Ques.  10.  Are  there  any  indications  of  coal,  salines,  or  minerals  of  any  kind  on  this  land? 
If  so,  state  what  they  are,  and  whether  the  springs  or  mineral  deposits  are  valuable. 

Ans.  . 

Ques.  11.  Is  the  land  more  valuable  for  agricultural  than  mineral  purposes  ? 

Ans.  . 

Ques.  12.  Is  the  claimant  the  owner  of  320  acres  of  land  in  any  State  or  Territory  ?  (State 
your  knowledge  in  this  regard.) 

Ans.  . 

Ques.  13.  Has  the  claimant  left  or  abandoned  a  residence  on  land  of own  in  this 

to  reside  upon  the  land  above  described?     (State  your  knowledge  in  this  regard.) 

Ans.  -. 

Ques.  14.  Has  claimant  ever  filed  a  pre-emption  declaratory  statement  for  other  land  than 
that  above  described,  or  has heretofore  made  a  pre-emption  entry  ?  (State  your  knowl- 
edge in  this  regard.) 

Ans.  . 

Ques.  15.  Do  you  know  whether  the  claimant  has  given  any  mortgage  on  this  land,  or  made 
any  agreement  to  sell  the  samef     (State  your  knowledge  in  this  regard.) 

Ans.  . 

Ques.  16.  When  did  claimant  first  make  settlement  on  the  laud,  and  what  constituted  his 
first  act  of  settlement? 

Ans.  . 

Ques.  17.  What  improvements  does  the  claimant  possess  on  the  land,  and  what  is  the  value 
of  the  same? 

Ans.  . 

Ques.  18.  When  did  claimant  first  establish  a  residence  upon  the  land  ? 

Ans.  . 

Ques.  19.  Has  claimant  resided  upon  the  land  continuously  ever  since? 

Ans.  . 

Ques.  20.  For  what  purpose  has  the  land  been  used  by  claimant  ? 

Ans.  . 

Ques.  21.  How  much  of  the  said  land,  if  any,  has  been  broken  and  cultivated  since  the 
claimant  made  settlement  thereon  ? 

Ans.  . 

Ques.  22.  Is  it  your  belief  that has  acted  in  good  faith  in  the  settlement  and 

improvement  of  the  said  land  under  the  pre-emption  laws  ?  Have  you  any  knowledge  to  the 
contrary  ? 

Ans.  . 

Ques  23.  Are  you  interested  in  this  claim  f 

Ans.  .  . 

I  HEREBY  CERTITY  that  witness  is  a  person  of  respectability;  that  each  question  and 

answer  in  the  foregoing  testimony  was  read  to before signed name  thereto,  and 

that  the  same  was  subscribed  and  sworn  to  before  me  this day  of ,  18 — . 


Note. — The  olficer  before  whom  the  testimony  is  taken  should  call  the  attention  of  the  witness  to  the  follow- 
ing section  of  the  Revised  Statutes,  and  state  to  him  that  it  is  tlie  purpose  of  the  Government,  if  it  be  ascer- 
tained that  he  testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law : 

Title  lxx.— CRIMES.— Cii.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent  tribunal,  officer,  or  person,  in  any 
case  in  which  a  law  of  the  United  States  authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare, 
depose,  or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by  him  subscribed 
is  true,  willfully  and  contrary  to  such  oath  states  or  subscribes  any  material  matter  which  he  does  not  believe 
to  be  true,  is  guilty  of  perjury,  and  shall  be  punished  by  a  fine  of  not  more  than  two  tliousand  dollars,  and  by 
imprisonment,  at  hard  labor,  not  more  than  five  years,  and  shall,  moreover,  thereafter,  be  incapable  of  giving 
testimony  in  any  court  of  the  United  States  until  such  time  as  the  judgment  against  him  is  reversed.  [See 
sec.  1750.] 


75 

[No.  23.] 
HOMESTEAD. 


Land  Offics  at  , 


Application'  No. .  (JDaU) ,  18—. 

I, ,  of  — ,  do  herebj  apply  to  enter,  under  section  2289  of  the  He^bed 

Statutes  of  the  United  States,  the of  section ,  in  township ,  of  range ,  con- 
taining    acres. 


Land  Office  at 


(^Datr) ,  18—. 

I, ,  register  of  the  Land  Office,  do  hereby  certify  that  the  above  application  is 

for  surveyed  lands  of  the  class  which  the  applicunt  is  legally  entitle<i  to  enter  lunler  section 
2289  of  the  Revised  Statutes  of  the  United  States,  and  that  there  is  no  prior  valid  adverse 
right  to  the  same. 

,  Rtg'uter, 


[No.  24.] 

HOMESTEAD. 
affidavit. 

Land  Officb  at 


(.Date) ,  IB—. 

I, ,  of ,  having  filed  my  application  No. ,  for  an  entry  under  section 

2289  of  the  Revised  Statutes  of  the  United  States,  do  solemnly  swear  that  [Arre  ttaU  whether 
the  applicant  is  the  head  of  a  family,  or  over  twenty-one  years  of  age  ;  whether  a  citizen  of  the 
United  States,  or  has  filed  his  declaration  of  intention  of  becoming  such;  or,  if  under  twenty-one 
years  of  age,  that  he  Jias  served  not  less  than  fourteen  days  in  the  Army  or  Xary  of  the  United 

States  during  actual  war;  that  said  application.  No. ,  is  made  for  his  or  her  exclusive  bent^t ; 

and  that  said  entry  is  mxide  for  the  purpose  of  actual  settlement  and  cultivation,  and  not,  directly 
or  indirectly,  for  the  use  or  benefit  of  any  other  person  or  persons  whomsoever,']  and  that  I  have 
not  heretofore  had  the  benefit  of  said  section  2289. 


Swora  to  and  subscribed,  this day  of ,  before 


Regitter,  [or  Receiver.] 


[No.  25.] 

Receiver's  Receipt,  No. .  Application  No. * 

HOMESTEAD. 

Receiver's  Office, , 

(Dart) ,  18—. 

Received  from ,  of coimty,  ,  the  sum  of  — ^  dollars  and  -^ 

cents,  being  the  amount  of  fee  and  compensation  of  register  and  receiver  for  the  vnXrj  of 

of  section ,  in  township ,  of  range ,  under  section  — ,  Bevtsed  Statutes 

of  the  United  States. 

—  — — ,  Rteti9tr, 
% . 


[No.  26.] 

Land  Offick  at , 

(X>a/<) ,  18-. 

I, ,  of ,  who  made  Homestead  Application  No.  (or  Preemption 

Declaratory  Statement  No. )  for  the  \_here  describe  the  landl^  do  herebj  give  notice  of  inj 

intention  to  make  final  proof  to  establish  my  claim  to  the  land  above  deaoribed,  and  llial  I 

expect  to  pi-ove  my  claim  by  ibe  following  witaeaea,  vis : ,  of ,  and 

,  of—-. 


ie 


Land  Office  at 


(Date) ,  18— 

Notice  of  the  above  application  will  be  published  in  the published  at ,  Avhich  I 

hereby  designate  as  the  newspaper  published  nearest  the  land  described  in  said  application. 

,  Register, 


[No.  27.] 
notice  for  publication. 

Land  Office  at 


{Date)  ,  18—. 

Notice  is  hereby  given  that  the  following-named  settler  has  filed  notice  of  his  intention  to 
make  final  proof  in  support  of  his  claim  and  secure  final  entry  thereof  at  the  expiration  of 

thirty  days  from  the  date  of  this  notice,  viz  : ,  Homestead  Application  No. , 

(or  Pre-emption  Declaratory  Statement  No. )  for  the  \_here  describe  the  land],  and  he 

names  the  following  as  his  witnesses,  viz: ,  of  ,  and , 

of . 


Register. 


[No.  28.] 

consolidated  NOTICE  FOR  PUBLICATION. 

Land  Office  at 


(Date) ,  18—. 

Notice  is  hereby  given  that  the  following-named  settlers  have  filed  notice  of  intention  to 
make  final  proof  in  support  of  their  claims  and  secure  final  entry  thereof  on  the  expiration  of 
thirty  days  from  the  date  of  this  notice,  viz : 

,  Homestead  Application  No. ,  for  the  .     The  claimant  names  the 

following  persons  as  his  witnesses  to  prove  his  claim; ,  of ,  and  - — — - 

,  of . 

,  Pre  emption  Declaratory  Statement  No. ,  for  the .     The  claimant 

names  the  following  persons  as  his  witnesses  to  prove  his  claim  : ,  of , 

and ,  of . 

,  Register, 


[No.  29  ] 
certificate  as  to  the  posting  of  notice. 

Land  Office  ai 


(^Date) ,  18—. 

I, ,  Register,   do  hereby  certify  that  a  notice,   a  printed  copy  of  which  is 

hereto  attached,  was  by  me  posted  in  a  conspicuous  place  in  my  oflice  for  a  period  of  thirty 

days^  I  having  first  posted  said  notice  on  the day  of ,  IB — . 

,  Register, 


[No.  30. 
HOMESTEAD  PROOF. 

FINAL  AFFIDAVIT    REQUIRED    OF    HOMESTEAD    CLAIMANTS,    SECTION    2291    OF  THE  RE- 
VISED statutes  of  the   united  STATES, 
I, ,  having  made  a  homestead  entry  of  the section  No.  ,  in  town- 
ship No. ,  of  range  No. ,  subject  to  entry  at ,  under  section  2289  of  the  Revised 

Statutes  of  the  United  States,  do  now  apply  to  perfect  my  claim  thereto  by  virtue  of  section 

2291  of  the  Revised  Statutes  of  the  United  States ;  and  for  that  purpose  do  solemnly 

that  I  am  a  citizen  of  the  United  States;  that  I  have  made  actual  settlement  upon  and  have 


77 

cultivated  suid  land,  Imving  resided  thereon  since  the day  of  — -,  18—,  to  the  present 

time;  that  no  part  of  said  land  has  heen  alienated,  except  as  provided  in  section  2288  of  the 
Revised  Statutes,  but  that  I  am  the  sole  bona  fide  owner  as  an  actual  settler ;  that  I  will  bear 
true  allegiance  to  the  Government  of  the  United  States;  and  further,  that  I  have  not  beriito* 
fore  perfected  or  abandoned  an  entry  made  under  the  homestead  laws  of  the  United  Stat«. 


^> ,  of  the  Land  Office  at ,  do  hereby  certify  that  the  above  atfidavit  was 

subscribed  and  sworn  to  before  me  this day  of ,  18 — . 


[No.  31.] 
(Thia  form  will  be  used  botli  In  final  homestead  proof  and  commutation  proof.) 

HOMESTEAD  PROOF. 

TESTIMONY  OB'   CLAIMANT. 

,  being  called  as  a  witness  in own  behalf  in  support  of homestead 

entry  for ,  testifies  as  follows  : 

Ques.  1.  What  is  your  name?  (Be  careful  to  give  it  in  full,  correctly  spelled,  in  order  that 
it  may  be  here  written  exactly  as  you  wish  it  written  in  the  patent  which  you  desire  to  obtain.) 

Ans.  . 

Ques.  2.  What  is  your  age  f 

Ans.  . 

Ques.  3.  Are  you  the  head  of  a  family,  or  a  single  person  j  and,  if  the  head  of  a  family,  of 
whom  does  your  family  consist  ? 

Ans.  . 

Ques.  4.  Are  you  a  native-bom  citizen  of  the  United  States?  If  not,  have  you  declared 
your  intention  to  become  a  citizen,  and  have  you  obuiined  a  certificate  of  naturalization  T* 

Ans.  . 

Ques.  5.  Are  there  any  indications  of  coal,  salines,  or  minerals  of  any  kind  on  the  land 
embraced  in  your  homestead  entry  above  described  ?  (If  so,  state  what  they  are,  and  whether 
the  springs  or  mineral  deposits  are  valuable.) 

Ans.  . 

Ques.  6.  Is  the  land  more  valuable  for  agricultural  than  mineral  purposes  T 

Ans.  . 

Ques.  7.  What  is  your  post-office  address! 

Ans.  . 

Ques.  8.  Have  you  ever  made  a  homestead  entry  except  for  this  land,  No. f    (If  you 

have,  give,  as  nearly  as  you  can,  the  date  thereof  and  description  of  the  land,  and  state  whether 
the  entry  still  subsists,  or  if  it  has  been  canceled,  state  tlie  cause  of  its  cancellation.) 

Ans.  . 

Ques.  9.  Have  you  sold  the  land  or  conveyed  to  any  one  your  right  and  hitertst  in  the 
same;  and,  if  so,  to  whom  and  for  what  purpose  T 

Ans.  . 

Ques.  10.  Does  any  one  except  yourself  claim  the  land  under  the  homestead  or  pre-vmj.i.wu 
laws  ? 

Ans.  . 

Ques.  11.  When  did  you  first  make  settlement  on  the  said  land  t 

Ans.  . 

Ques.  12.  When  did  you  first  establish  a  residence  upon  the  laudf 

Ans.  . 


NoTK.— At  the  time  of  making  proof  the  purty  should  b«  i«qolrad  to  mrrukkr  hli  orlfiniJ  homwrtisit  dnpli* 
cate  receipt,  or  file  an  affldarlt  accounting  for  the  winie. 

*  In  caae  the  party  lias  been  nat«rall«ed,  ■  certirtwl  copy  of  iiis  oertldcfttfl  of  tuUuraliaaUoD 
In  cases  of  comniutod  liomoatondn  it  is  sufficient  if  the  i«rty  has  docUred  his  intention  to  1 
which  case  a  certified  copy  of  bis  declaration  of  intention  must  l>«  I 


78 

Ques.  13.  At  the  date  you  have  given  as  being  the  date  that  you  first  established  your 
residence  upon  the  land,  did  you  move  thereon  in  person  ? 

Ans.  -. 

Ques.  14.  Up  to  what  time  have  you  resided  on  the  land? 

Ans.  . 

Ques.  15.  Was  your  residence  upon  the  land  continuous  during  the  period  named? 

Ans.  . 

Ques.  16.  If  you  had  a  family  during  said  period  of  residence  on  the  Jiomestead,  did  your 
family  reside  thereon  ? 

Ans. . 

Ques.  17.  What  improvements  have  you  made  or  do  you  poasesa  on  the  land?  (Describe 
them.) 

Ans.  . 

Quea.  18.  Wlien  was  your  house  built? 

Ans.  . 

Ques.  19.  What  is  the  total  value  of  said  improvements? 

Ans.  . 

Quea.  20.  For  what  purpose  have  you  used  the  land? 

Ans.  . 

Ques.  21.  How  much  of  the  land  have  you  broken  and  cultivated,  and  what  crops,  if  any, 
have  you  raised?  -   . 

Ans. . 


I  HEREBY  CERTIFY  that  each  question  and  answer  in  the  foregoing  testimony  was  read  to 

the  claimant  before signed  name  thereto,  and  that  the  same  was  subscribed  and 

sworn  to  before  me  this day  of ,  18 — . 


Note.— The  officer  before  whom  the  testimony  is  taken  should  call  the  attention  of  the  witness  to  the  follow- 
ing  sectidu  of  the  Revised  Statutes,  and  state  to  him  that  it  is  tlie  purpose  of  the  Government,  if  it  be  ascertained 
that  he  testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law  : 

Title  lxx,— CRIMES.— Ch.  4. 

Sec.  5392.  Everj*  person  who,  having  taken  an  oath  before  a  competent  tribunal,  officer,  or  person,  in  any 
case  in  wiiich  a  law  of  the  United  States  authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare, 
depose,  or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by  him  subscribed 
is  true,  willfully  and  contrary  to  such  oath  states  or  8ul»scribes  any  material  matter  which  he  does  not  believe 
to  be  true,  is  guilty  of  perjury,  and  shall  be  puuislied  by  a  fine  of  not  more  than  two  thousand  dollars,  and  by 
impiisonment,  at  hard  labor,  not  more  than  five  years,  and  shall,  moreover,  thereafter,  be  incapable  of  giving 
testimony  in  any  court  of  the  United  States  until  such  time  as  the  judgment  against  him  is  reversed.  [See 
sec.  175U.J 


[No.  32.] 

[The  testimony  of  two  witnesses,  in  this  form,  taken  separately,  required  in  each  case.    This  form  will  be  used 
both  in  final  homestead  proof  and  commutation  proof.] 

HOMESTEAD  PROOF. 

TESTIMONY     OP     WITNESS. 


',  being  called  aa  a  witness  in  support  of  the  homestead  entry  of 


for  — — ,  testifies  as  follows  : 

Ques.  1.  What  is  your  post-office  address? 

Ans.  . 

Ques.  2.  What  is  your  occupation  ? 
Ana.  — — « 


79 

Qiies.  3,  Are  you  well  acquainted  with ,  the  claimant  in  this  case,  and  how 

long  have  you  known ? 

Ans.  . 

Ques.  4.  How  old  do  you  know  or  helieve  claimant  to  bet 

Ans.  . 

Ques.  5.  Is  claimant  the  head  of  a  family,  or  a  single  person;  and,  if  the  head  of  a  family, 
of  whom  does  the  family  consist  T 

Ans.  . 

Ques.  ().  Is  claimant  a  native-born  citizen  of  the  United  States?  If  not,  what  steps  has 
taken  to  become  a  citizen?     (State  your  knowledge  in  this  regard.) 

Ans.  . 

Ques.  7.  Has  claimant  been  an  inhabitant  of  the  land  above  described  f 

Ans.  . 

Ques.  8.  Do  you  live  in  the  vicinity  of  the  land,  and  are  you  acquainted  with  the  same? 

Ans.  . 

Ques.  9.  Are  there  any  indications  of  coal,  salines,  or  minerals  of  any  kind  on  this  landT 
(If  so,  state  what  they  are,  and  whether  the  springs  or  mineral  deposits  are  valuable.) 

Ans.  . 

Ques.  10.  Is  the  land  more  valuable  for  agriciUtural  than  mineral  purposes? 

Ans.  . 

Ques.  11.  When  did  claimant  first  make  settlement  on  the  land? 

Ans.  . 

Ques.  12.  When  did  claimant  establish  a  residence  upon  the  land? 

Ans.  . 

Ques.  13.  Up  to  what  time  has  claimant  resided  upon  the  land? 

Ans.  . 

Ques.  14.  Has residence  been  continuous  during  the  period  named  ? 

Ans.  . 

Ques.  15.  If  claimant  had  a  family'during  said  period  of  residence,  did  the  family  reeide 
on  tbe  land  t 

Ans.  . 

Ques.  10.  When  was  the  claimant's  house  built  upon  the  land? 

Ans.  . 

Ques.  17.  What  other  improvements  have  been  made  on  the  land? 

Ans.  . 

Ques.  18.  What  is  the  total  value  of  the  improvements? 

Ans.  . 

Ques.  19.  For  what  purpose  has  the  land  been  used  by  claimant? 

Ans.  . 

Ques.  20.  How  much  of  the  land  has  been  broken  and  tMliivat.-.l,  and  what  crops,  if  any, 
have  been  raised  ? 

Ans.  . 

Ques  21.  Has  claimant  made  a  homestead  entry  for  other  land  than  that  above  described  f 
(State  your  knowledge  in  this  regard.) 

Ans.  . 

Ques.  22.  Has  claimant  alienated  any  portion  of  the  land — that  is,  conveyed  it  to  some  one 
else;  and  if  so,  to  whouj  and  for  what  purpose?    (State  your  knowletlge  in  this  regard.) 

Ans.  . 

Que*.  23.  Is  it  your  belief  that ,  the  claimant,  has  acted  in  good  faith  in  the 

settlement  and  improvement  of  the  said  land  as  a  homestead?  Have  you  any  knowledge  to 
the  contrary  ? 

Ans.  . 

Ques.  24.  Are  you  lutt  r«'r«if(i  m  this  claim? 

Ans.  . 


80 

I  HEREBY  CERTIFY  that  Witness  is  a  person  of  respectability;   that  each  question  and 

answer  in  the  foregoing  testimony  was  read  to before signed name  thereto. 

and  that  the  same  was  subscribed  and  sworn  to  before  me  this day  of ,  18 — . 


Note. — The  officer  before  whom  the  testimony  is  taken  shonld  call  the  attention  of  the  witness  to  the  follow- 
ing section  of  the  Revised  Statutes,  and  state  to  him  that  it  is  the  purpose  of  the  Government,  if  it  be  ascer- 
tained that  he  testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law  : 

Title  lxx.— CRIMES.— Ch,  4. 

Sec.  5392.  Every  person  who,  having  takon  an  oath  before  a  competent  tribunal,  officer,  or  person,  In  any 
case  in  which  a  law  of  the  United  States  authorizes  an  o»th  to  be  administered,  that  he  will  testify,  declare, 
depose,  or  certify  truly,  or  tliat  any  written  testimony,  declaration,  deposition,  or  certificate  by  him  subscribed 
Is  true,  willfully  and  contrary  to  such  oatli  states  or  subscribes  any  material  matter  which  he  does  not  believe 
to  be  true,  is  guilty  of  perjury,  and  shall  be  punished  by  a  fine  of  not  more  than  two  thousand  di)llars,  and  by 
Imprisonment,  at  liard  labur,  not  more  than  five  years,  and  shall,  moreover,  thereafter,  be  incapable  of  giving 
testimony  in  any  court  of  the  United  States  until  such  time  at)  the  judgment  against  him  is  revontod.  [See 
aec.  1750.] 


[No.  33.] 
Receiver's  Final  Receipt^  No. .  Application  No. . 

homestp:ad. 

Receiver's  Oitice, , 

i^Date) ,  18—. 

Received  from ,  of county, ,  the  sum  of  ■        dollars  and centS; 

being  the  balance  of  payment  required  by  law  for  the  entry  of  the of  section ,  in 

township  ,  of  range ,  coutaiuiug  acres,   under  section  of  ihe  Revised 

Statutes  of  the  United  IStates. 

,  licceiver. 

$ . 


[No.  34.] 

Final  Cei'tificate  No. .  Application  No. . 

HOMESTEAD^ 

Land  Office  at , 

(Date) ,  18—. 

It  is  hereby  certified,  pursuant  to  section  2291,  Revised  Statutes  of  the  United  States,  that 
of county, ,  has  made  payment  in  full  for  — —  of  section  No. , 


in  township  No. ,  of  range  No. ,  containing acres. 

Now,  therefore,  be  it  known,  that  on  presentation  of  this  certificate  to  the  Commissioner  of 

the  General  Land  Office,  the  said shall  be  entitled  to  a  patent  for  the  tract  of 

land  above  described. 

,  Beffistcr, 


[No.  35.] 

[To  be  used  in  cases  of  commuted  horoetftead  entries.    For  taking  the  testimony  of  claimant  and  his  witnesses 
in  making  commutation  proof,  use  the  prescribed  forms  for  "  Homestead  Proof."] 

AFFIDAVIT  REQUIRED  OF  CLAIMANT. 

[Section  2301  of  the  Revised  Statutes  of  the  United  States.] 

I, ,  claiming  the  right  to  commute,  under  section  2301  of  the  Revised  Statutes 

of  the  United  States,  my  homestead  entry  No. ,  made  upon  the section ,  town- 
ship   ,  range ,  do  solemnly  swear  that  I  made  settlement  upon  said  land  on  the 

day  of ,  18 — ,  and  that  since  such  date,  to  wit :  on  the day  of ,  18 — ,  I  have 

built  a  house  on  said  land,  and  have  continued  to  reside  therein  up  to  the  present  time;  that  I 

have  broken  and  cultivated acres  of  said  land,  and  that  no  part  of  said  land  has  been 

alienated,  except  as  provided  in  section  2288  of  the  Revised  Statutes,  but  that  I  am  the  sole 
bona  fide  owner  as  an  actual  settler. 

I  further  swear  that  I  have  not  heretofore  perfected  or  abandoned  an  entry  made  under  the 
homestead  laws  of  the  United  States.  . 


Land  Office, 

Subscribed  and  sworn  to  before  me  this  — — •  day  of  — — . 


Eeguter, 


81 


[No.  36.] 

ADJOINING  FARM  HOMESTEAD. 

affidavit. 

Laxd  Offick  at 


(DaU) ,18—. 

I. of ,  having  filed  my  application  No. ,  for  an  entry  under  th« 

provisions  of  the  act  of  Congi-ess  approved  May  20,  1862,  entitle<l  "An  Act  to  secure  home- 
steads to  actual  settlers  on  the  public  domain,"  do  solemnly  swear  that [^kert 

state  whether  the  applicant  is  the  head  of  a  family,  or  over  twenty-one  yeart  of  atje ;  whether  a 
citizen  of  the  United  States,  or  has  filed  his  declaration  of  intention  of  becoming  tueh,  or,  if  under 
ttoenty-one  years  of  arje,  that  he  has  served  not  less  than  fourteen  days  in  the  Army  or  JVbry  ttftke 
United  States  during  actual  war}  ;  that  said  entry  is  nmde  for  my  own  exclusive  benefit,  and 
not  directly  or  indirectly  for  the  benefit  or  use  of  any  other  person  or  persons  wliomsoerer ; 
neither  have  I  heretofore  perfected  or  abandoned  an  entry  made  under  this  act ;  that  the  land 

embraced  in  said  application  No. is  intended  for  an  adjoining  farm  homestead ;  that  I 

now  own  and  reside  up<m  an  original  farm  containing acres,  anrf  no  more;  that  the  same 

comprises  the of  section ,  township ,  range ,  and  is  contiguous  to  the  tract 

this  day  applied  for. 


Sworn  to  and  subscribed  this day  of ,  before 


of  th^  T^tnd  f'ijfet. 


[No.  37.] 
FINAL  AFFIDAVIT  REQUIRED  OF  ADJOINING  FARM  HOMESTEAD  CLAIM- 
ANTS. 

(Section  2291,  Revised  Statutes.) 

I, ,  having  made  a  homestead  entry  of  tlie section  No. ,  in  towmbip 

No. ,  of  range  No. ,  subject  to  entry  at ,  for  the  use  of  an  adjoining  farm  ownad 

and  occupied  by  me  on  the of  section  No. ,  in  townsliip  No. ,  of  range  No. , 

under  section  2289  of  the  Revised  Statutes,  do  now  apply  to  perfect  ray  claim  thereto  by 

irtue  of  section  2291  of  the  same,  and  for  that  purpose  do  solemnly that  I  am  a  citben 

t"  the  United  States;  that  I  have  continued  to  own  and  occupy  the  land  constituting  my 

1  iginal  fann,  having  resided  thereon  since  the  day  of ,  18 — ,  to  the  present  time, 

iiid  have  made  use  of  the  said  entered  tract  as  a  part  of  my  homestead,  and  have  improved 

the  same  in  the  following  manner,  viz  :  .    That  no  part  of  said  land  haa  been  alienatad, 

but  that  I  am  the  sole  bona  fide  owner  as  an  actual  settler ;  that  I  will  bear  true  allagianoa  to 
the  Government  of  the  United  States ;  and,  further,  that  I  have  not  heretofora  pvHaotad  or 
abandoned  an  entry  under  the  homestead  laws. 


I, ,  of  the  Land  Office  at ,  do  Ijereby  certify  that  the  above  affidavit  waa 

taken  and  subscribed  before  me  this day  of ,  18 — . 


[No.  38] 

[To  lie  used  in  making  final  proof  In  cams  where  pr«-empUon  niinci  have  \m»  ehaafed  to  kouMl«a4  mUim 

under  the  acts  of  March  3, 1877,  and  May  «» WW-J 

PRE  EMPTION  HOMESTEAD  AFFIDAVIT. 

I, ,  having  changed  my  pre-emption  declaratory  statement  No. ,  fllad 

the day  of ,  18—,  alleging  settlement  the day  of ,  18—,  f»r  tha  —  aao- 

tion  No. ,  in  township  No. ,  of  range  No. ,  to  homeatead  anlry  original  No. , 

district  of  lands  subject  to  entry  at ,  under  the  acU  of  Congreaa  approved  March  8,  W77, 


82 

and  May  2t,  1878,  do  solemnly  swear  that  I  have  never  had  the  benefit  of  any  right  of  pre- 
emption under  section  2259  of  the  Eevised  Statutes  of  the  United  States;  that  I  have  not  here- 
tofore filed  a  pre-emption  declaratory  statement  for  another  tract  of  land;  that  I  was  not  the 
owner  of  three  hundred  and  twenty  acres  of  land  in  any  State  or  Territory  of  the  United  States 
at  any  time  during  the  above-mentioned  period  of  settlement  under  the  pre-emption  statutes; 

that  I  did  not  remove  from  my  own  land  within  the  State  of to  make  the  settlement  above 

referred  to;  nor  have  I  settled  upon  and  improved  said  land  to  sell  the  same  on  speculation, 
but  in  good  faith  to  appropriate  it  to  my  exclusive  use  or  benefit;  and  that  I  did  not,  during 
the  period  of  pre-emption  settlement  above  mentioned,  directly  or  indirectly,  make  any  agree- 
ment or  contract,  in  any  way  or  manner,  with  any  person  or  persons  whatsoever,  by  which 
the  title  which  I  might  acquire  from  the  Government  of  the  United  States  would  inure,  in 
whole  or  in  part,  to  the  benefit  of  any  person  except  myself. 

I, ,  of  the  Land  Office ,  do  hereby  certify  that  the  above  atfidavit  was 

subscribed  and  sworn  to  before  me  this day  of ,  18 — . 


[No.  39.] 
ADDITIONAL  HOMESTEAD.—ACT  OF  MARCH  3,  1879. 

Application  )  Land  Office  at , 

No. .  >  {Date) ,  18—. 

I, ,  of ,  do  hereby  apply  to  enter,  under  the  act  o^  March  3,  1879,  the 

of  section ,  in  township ,  of  range ,  containing acres,  as  additional  to 

my  entry  No. ,  for  the of ,  section ,  in  township ,  of  range . 


Land  Office  at 


(DaU) ,  18—. 

I, ,  register  of  the  Land  Office,  do  hereby  certify  that  the  above  application  is 

for  surveyed  lands  of  the  class  which  the  applicant  is  legally  entitled  to  enter  under  the  act 
of  March  3,  1879,  and  that  there  is  no  prior  valid  adverse  right  to  the  same. 


Ber/ister 


[No.  40.] 

ADDITIONAL  HOMESTEAD.—ACT  OF  MARCH  3,  1879. 

affidavit. 

Land  Office  at , 

{Date) ,  18—, 

I, ,  of ,  having  filed  my  application,  No, ,  for  an  entry  under  the 

act  of  March  3,  1879,  do  solemnly  swear  that  [^here  state  whether  the  applicant  is  the  head  of  a 
family,  or  over  twenty-one  years  of  age;  whether  a  citizen  of  the  United  States,  or  has  filed  his 
declaration  of  intention  of  becoming  such;  or,  if  under  twenty-one  years  of  age,  that  he  has  served 
not  less  than  fourteen  days  in  the  Army  or  Navy  of  the  United  States  during  actual  war"};  that 

said  application  No. .is  made  for  my  exclusive  benefit;  and  that  said  entry  is  made  for 

the  purpose  of  actual  settlement  and  cultivation,  and  not,  directly  or  indirectly,  for  the  use  or 
benefit  of  any  other  person  or  persons  whomsoever,  and  that  I  have  not  heretofore  had  the 
benefit  of  said  act. 


Sworn  to  and  subscribed,  this day  of ,  before 


Register,  [^or  Receiver.'] 


83 

[No.  41.] 
SOLDIER'S  HOMESTEAD. 

(Section  2304  of  the  Revised  Statutes  of  the  Uniteil  States.) 
HOMESTEAD  DECI^ RATION. 

Land  Office  at , 

T 11.,,  ,         .  (^«^)  'l*^-- 

;  ~^."7T'^         \/  ^'"^  ^''^^  "^^'"^  '^""^  ^  ^^^^'^  f«»-  *  homestead,  under 

section  >304  of  ilie  Kevised  Statutes  of  the  United  State.,  granting  homenteads  to  I.onorubly- 

discharged  soldiers  and  sailore,  their  widows  and  orphans,  the of  section ,  of  lown- 

ghip ^  of  range ,  containing acres;  and  I  further  declare  that  I  take'  the  said 

tract  of  land  for  actual  settlement  and  cultivation,  and  for  my  own  use  and  benefit. 


No 


Per 


Hit  Attorney  in  fact. 


[No.  42.] 
SOLDIERS  HOMESTEAD. 

(Section  2:504  of  tlie  Revised  Statutes  of  the  United  States.) 

application. 

Land  Office  at 


{Date) .  IS-. 

/; •>  bereby  apply  to  enter,  under  section  2304  of  the  Revised  Statutes  of  the 

United  States,  the — ^  of  section ,  of  township ,  of  range ,  containing acres; 

and  for  which  I  filed  my  declaration  on  the day  of ,  through ,  my 

duly-appointed  agent. 

I? ,  register  of  the  Land  Office  at ,  do  hereby  certify  tliat 


filed  the  above  application  at  this  office  on  the  — —  day  of ,  and  that  he  has  takt-n  th© 

oatk  and  paid  the  fees  and  commissions  prescribed  by  law. 

,  Rajitter, 


[No.  43.] 
SOLDIER'S  HOMESTEAD. 

(Section  ZVA  of  the  Revised  Statutes  of  the  UDited  Stotes.) 
AFFIDAVIT. 

No. .  Land  Office  at -, 

{Itatt) ,  1{^. 

I,  : ,  of ,  do  solemnly  swear  that  I  am  a ,  of  the  age  of  twenty-one 

years,  and  a  citizen  of  the  United  States;  that  I  served  for  ninety  days  in  company ,  — — 

regiment,  United  States  volunteers;  that  I  was  mustered  into  the  Unite<l  States  military  aer- 

vice  the day  of ,  and  was  honorably  discluirge*!  therefrom  on  the day  of ; 

that  I  have  since  borne  true  allegiance  to  the  Government;  and  that  I  have  made  my  applica- 
tion. No. ,  to  enter  a  tract  of  land  under  section  2304  of  tlie  Revised  Statutes  of  the  United 

States,  giving  homesteads  to  honorably-discharged  soldiers  and  sailors,  their  widowa  and 
orphan  children;  that  I  have  made  said  application  in  goijd  faith;  and  that  I  takt*  said  home- 
stead for  the  purpose  of  actual  settlement  and  cullivatiou,  anil  for  my  own  exclusive  use  ami 
benefit,  and  for  the  use  and  benefit  of  no  other  person  or  persona  whomsoever;  and  that  I 
have  not  heretofore  acquireil  a  title  to  a  tract  of  land  under  the  homestead  laws,  or  vtiluntarily 
relinquished  or  abandoned  an  entry  heretofore  made  under  said  laws:  So  help  me  Go»l. 


Swora  to  and  subscribed  before  me, ,  register  of  the  Land  Office  at ,  this 

day  of ,  18—. 


84 

[No.  44.] 

ADDITIONAL  ENTRY  UNDER  SECTION  2306  OF  THE  Rt:VISED  STATUTES  OF 

THE  UNITED  STATES. 

APPLICATION. 

No. .  Land  Office  at , 

(l>ate) ,  18—. 

I, ,  f»f county,  State  of ,  being  entitled  to  the  benefits  of  section 

2306  of  the  Revised  Statutes  of  the  United  States,  granting  additional  lands  to  soldiers  and 

sailors  who  served  in  the  war  of  the  rebellion,  do  hereby  apply  to  enter  the of  section 

,  of  township ,  of  range  ,  containing  acres,  as  additional  to  my  original 

homestead  on  the  of  section  ,  of  township ,  of  range  ,  containing  

Sicres,  which  I  entered ,  18 — ,  per  homestead  No. . 


Land  Office  at 


(Date) ,  18—. 

1, ,  register  of  the  Land  Office  at ,  do  hereby  certify  that 


filed  the  above  application  before  me  for  the  tract  of  land  therein  described,  and  that  he  has 
paid  the  fee  and  commissions  prescribed  by  law. 

,  Register. 


[No.  45.] 

ADDITIONAL  ENTRY  UNDER  SECTION  2306  OF  THE  REVISED  STATUTES 
OF  THE  UNITED  STATES, 


Land  Office  at 


(Date) ,  18—. 

Final  Certificate  i  5  Application 

No. .        i  I    No. . 

It  is  hereby  certifietl  that,  pursuant  to  the  i)rovi8ion8  of  section  23(>6  of  the  Revised  Statutes 

of  the  United  States, has  paid  the  fee  and  commissions,  and  made  entry  of  the 

of  section ,  of  township ,  of  range ,  containing acres,  which  added  to 

the  quantity  embraced  in  his  original  homestead  No. ,  on  which  he  has  made  final  proof, 

as  per  certificate  No. ,  does  not  exceed  160  acres. 

Now,  therefore,  be  it  known  that,  on  presentation  of  this  certificate  to  the  Commissioner  of 

the  General  Land  Ofiice,  the  said shall  be  entitled  to  a  patent  for  the  tract  of 

land  above  described. 

,  Register. 


[No.  46.] 
INDIAN  HOMESTEAD  UNDER  ACT  MARCH  3,  1875. 

AFFIDAVIT. 

I, ,  of ,  having  filed  my  application  No. ,  for  an  entry  under  the 

provisions  of  the  act  of  Congress  of  March  3,  1875,  do  solemnly  swear  that  I  am  an  Indian, 

formerly  of  the tribe;  that  I  was  born  in  the  United  States;  that  I  have  abandoned  my 

relations  with  that  tribe  and  adopted  the  habits  and  pursuits  of  civilized  life;  [Jiere  state  whether 
the  applicant  is  twenty-one  years  of  age,  or  the  head  of  a  family ;'\  that  I  desire  said  land  for  the 
purpose  of  actual  settlement  and  cultivation,  and  not,  directly  or  indirectly,  for  the  use  or 
benefit  of  any  other  person  or  persons  whomsoever ;  and  that  I  have  not  heretofore  had  the 
benefit  of  said  act. 


Sworn  and  subscribed  before  me  this day  of ,  18 — . 


.Register,  lor  Receiver.'} 


85 

[No.  47.] 

CORROBORATIVE  AFFIDAVIT-INDIAN   HOMESTEAD-UNDER  ACT  MARCH 

3.  1875. 


«•'•! *lo  solemnly  swear  that  we  are  well  aoqtminted  with 

,  a»<l  know  that  he  is  an  Indian,  fonnerly  of  the trilw;  that  he  was  bom 

in  the  United  States;  that  he  has  abandoned  his  relations  with  that  tribe,  and  adopted  the 
habits  and  pursuit.^  of  civilized  life;  [here  state  that  he  it  twenty-one  yean  of  age,  or,  if  not, 
that  he  is  the  head  of  a  family. 1^ 


Sworn  to  and  subscribed  before  me  this <lay  of ,  IH- 


[No.  48.] 
TIMBER-CULTURE— ACT  OF  JUNE  14,  1678. 

Application  No. . 

I, ,  hereby  apply  to  enter,  under  the  provisions  of  the  act  of  June  14,  1878, 

entitled  "An  Act  to  amend  an  act  entitled  'An  Act  to  encounige  the  growth  of  timber  on  the 

Western  Prairies/  "  the  of  section  ,  in  township ,  of  rantre  ,  containing 

acres. 


Land  Office  at 


(DaU) ,  18—. 

I, ,  register  of  the  Land  Office,  do  hereby  certify  that  the  above  application  is 

for  the  class  of  lands  which  the  applicant  is  legally  entitled  to  enter  under  the  provisious  of 
the  timber-culture  act  of  June  14,  1878;  that  there  is  no  prior  valid  adverse  right  to  the 
saroe^  and  that  the  land  therein  described,  together  with  the  lands  heretofore  entered  under 
this  act  and  the  acts  of  which  this  is  amendatory  in  the  said  section,  does  not  exce«d  one 
quarter  thereof. 

,  HeyUter. 


[No.  49] 
TIMBER-CULTURE-ACT  OF  JUNE  14,  1878. 

AFFIDAVIT. 


Land  Offick  at 


(Date) ,18—. 

I, ,  having  filed  my  application  No. ,  for  an  eutiy  under  the  pruTbioM 

of  an  act  entitled  "An  Act  to  amend  an  act  entitle<l  'An  Act  to  encourage  tlie  growth  of  timbor 

on  the  Western  Prairies,"^  apju-oved  June  14,  1878,  do  solemnly that  I  ain  the  hetA  ol 

a  family,  [or  over  twenty -one  years  of  aye,']  and  a  citixen  of  the  United  State»,  [^orKamdi- 
clared  my  intentiitn  to  become  surh;]  that  the  section  of  land  specified  in  my  said  application  U 
composed  exclusively  of  i)niirie  lands,  or  other  lands  devoid  of  timber;  that  this  filing  and 
entry  is  made  for  the  cultivation  of  timber,  and  f<»r  my  own  exclusive  use  and  benefit;  that  I 
have  made  the  said  application  in  goo<l  faith,  and  not  for  the  purpoee  of  epeculation,  or  di- 
rectly or  indirectly  for  the  use  or  beneHt  of  any  other  |)er»on  or  persona  whomioever;  that  I 
intend  to  hohl  and  cultivate  the  land,  and  to  fully  comply  with  tlie  provisions  of  this  said  act; 
and  that  I  have  not  heretofore  made  an  «itry  under  llii*  act,  or  tl»e  acta  of  which  thb  b 
amendatory. 

Sworn  to  and  8id»8cribe<l  before  me  this day  of ,  18 — . 


86 

[No.  50.] 
TIMBER-CULTURE. 


JReceiyer's  Receipt,  )  .  Application 


Ko 


No. 


Receiver's  Office, , 

(Date) ,  18—. 

Received  of the  sum  of dollars cents,  being  the  amount  of  fee  and 

'compensation  of  register  and  receiver  for  the  entry  of of  section ,  in  township , 

of  range ,  under  the  fii-st  section  of  the  act  of  Congress  approved  June  14,  1878,  entitled 

"An  Act  to  amend  an  act  entitled  'An  Act  to  encourage  the  growth  of  timber  on  the  Western 
Prairies.* " 

*         •  ,  lieceirer. 


[No.  51.] 
DESERT  LAND— ACT  OF  MARCH  3,  1877. 

DECLA.RATIOX. 

No. .  Land  Office  at , 

{Date) ,  18—. 

I; ,  of county, (»f ,  being  duly  sworn,  depose  and  declare,  that 

I  am  a  citizen  of  the  United  States,  of  the  age  of ,  and  a  resident  of  said  county  and , 

and  by  occupation  a ;  that  I  intend  to  reclaim  a  tract  of  desert  land,  not  exceeding  one 

section,  by  conducting  water  upon  the  same,  within  three  years  from  date,  under  the  provis- 
ions of  the  act  of  Congress  approved  March  3,  1877,  entitled  "An  Act  to  provide  for  the  sale 
of  desert  lands  in  certain  Stales  and  T/erritories."    The  desert  land  which  I  intend  to  reclaim 

does  not  exceed  one  section,  and  is  situated  in county,  in  the land  district,  and  is 

described  as  follows,  to  wit :  the of  section  No. ,  township  No. ,  range  No. ; 

containing acres.     I  further  depose,  that  I  have  made  no  other  declaration  for  desert 

lands  under  the  provisions  of  said  act;  that  the  land  above  described  will  not,  without  in-iga- 
tion,  produce  an  agricultural  crop ;  that  there  is  no  timber  growing  upon  said  land ;  that 
there  is  not,  to  my  knowledge,  within  the  limits  thereof,  any  vein  or  lode  of  quartz,  or  other 
rock  in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  or  co])per,  or  any  deposit  of  coal;  that 
there  is  not  within  the  limits  of  said  land,  to  my  knowledge,  any  placer,  cement,  gi-avel,  or 
other  valuable  mineral  deposit  or  salines;  that  no  portion  of  said  land  is  claimed  for  mining 
purposes,  under  the  local  customs  or  rules  of  miners  or  otherwise ;  that  no  portion  of  said 
land  is  worked  for  mineral  during  any  part  of  the  year  by  any  pei-son  or  persons  ;  that  said 

land  is  essentially  non-mineral  land  ;  that  I  became  acquainted  with  said  land  by ;  and 

that  my  declaration  therefor  is  not  made  for  the  purpose  of  fraudulently  obtaining  title  to 
mineral  land,  timber  land,  or  agi'icultural  land,  but  for  the  purpose  of  faithfully  reclaiming, 
within  three  years  from  the  date  hereotj  by  conducting  water  thereon,  a  tract  of  land  which  is 
desert  land  within  'the  meaning  of  the  act. 


Land  Office  at 


(  Date) ,  18—. 

I  hereby  certify  that  the  foregoing  declaration  was  this  day  sworn  to  and  subscribed  be- 
fore me. 

,  lic'jhter. 

,  Receiver. 


87 

[No.  52.] 
DESERT  LAND— ACT  OF  MARCH  :\,  1877. 

AFFIDAVIT. 

No. .  Land  Office  at , 

(DaU) ,  18-.  ■ 

I> ,  of county, ,  being  duly  sworn,  declare,  upon  oatli,  that  I  am  a 

resident  of  said  county  and ;  that  I  am  of  the  age  of ,  and  by  occupation  a ; 

that  I  am  well  acquainted  with  the  character  of  each  and  every  legal  subdivision  of  the  fol- 
lowing-described land  :  the  section  No. ,  township  No. ,  range  No. ,  con- 
taining   acres ;  that  I  became  acquainted  with  said  land  by  ;  that  I  have  been 

acquainted  with  it  for years  last  past;  that  I  have  freq;uently  paasetl  over  it;  that  my 

knowledge  of  said  land  is  such  as  to  enable  me  to  testify  understandingly  concerning  it;  that 
the  same  is  desert  land  within  the  meaning  of  the  second  section  of  the  act  of  Congress  ap- 
proved March  3, 1877,  entitled  ''An  Act  to  provide  for  the  sale  of  desert  lands  in  certain  States 
and  Territories;"  that  said"  land  will  not,  without  artificial  iirigation,  produce  any  agricul- 
tural crop;  that  no  agricultural  crop  has  ever  been  raised  or  cultivated  on  said  land  for  the 
reason  that  it  does  not  contain  sufficient  moisture  for  successful  cultivation  ;  that  the  same  is 
essentially  dry  and  arid  land,  wholly  unfit  for  cultivation  without  artificial  irrigation ;  that 
said  land  cannot  be  successfully  cultivated  without  reclamation  by  conducting  water  thereon  ; 
that  said  land  has  hitherto  been  unappropriated,  unoccupied,  and  unsettled,  because  it  has 
been  impossible  to  cultivate  it  successfully  on  account  of  its  dry  and  arid  condition  ;  that  it  is 
a  fact  well  known,  patent,  and  notorious,  that  the  same  will  not,  in  its  natural  condition,  pro- 
duce any  crop,  that  the  land  is  the ;  that  there  is  no  timber  growing  thereon,  but  that  it 

is  devoid  of  timber;  that  there  is  not,  to  my  knowledge,  within  the  limits  thereof,  any  vein  or 
lode  of  quartz,  or  other  rock  in  place,  bearing  gold,  silver,  cinnabar,  lead,  tin,  or  copj)er,  or 
any  deposit  of  coal ;  that  there  is  not,  within  the  limits  of  said  land,  to  my  knowledge,  any 
placer,  cement,  gravel,  or  other  valuable  mineral  deposit  or  salines ;  that  no  portion  of  said 
land  is  claimed  for  mining  purposes  under  the  local  customs  or  rules  of  minei's  or  otherwise; 
that  no  portion  of  said  land  is  worked  for  mineral  during  any  part  of  the  year  by  any  person 
or  persons;  that  said  land  is  essentially  non-mineral  land;  that  I  am  not  interested  in  any. 
way  or  manner,  directly  or  indirectly,  present  or  prospective,  in  any  application  or  declara- 
tion made  or  to  be  made  for  said  land,  or  in  the  land  itself,  or  in  the  title  which  may  by  any 
person  or  in  any  m.uiner  be  acquired  thereto. 


[No.  53.] 

No. .  United  States  Land  Office, 

,  1^. 

It  is  hei*eby  certified  that  under  the  provisions  of  the  act  of  CongreM  approved  March  3, 
1877,  entitled  "An  Act  to  provide  for  the  sale  of  desert  lands  in  certain  States  and  Terriloriee," 
— has  this  day  filed  in  this  office  his  declaration  of  intention  to  reclaim  the  fol- 
lowing-described tract  of  land,  viz: ;  that  he  has  proven  to  our  iMttisfaction  that  the 

said  ti-act  of  land  is  desert  land  as  defined  in  the  second  section  of  said  act,  and  that  he  hu 

paid  to  the  receiver  the  sum  of dollare,  being  at  the  rate  of  twenty-five  cents  \wr  acre  for 

the  land  above  described. 

It  is,  therefore,  further  certified,  that  if  within  three  years  from  the  date  hereof  the  said 

,  his  heirs  or  legal  representativeH,  shall  satisfactorily  prove  that  the  said  land 

has  been  reclaiine<l  by  carrying  water  thereon,  at»d  shall  pay  to  the  receiver  the  ndtUtional 
sum  of  one  dollar  per  acre  for  the  land  alxive  described,  he  or  they  ahall  be  entitled  to  receive 
a  patent  therafor  under  the  provisions  of  the  said  act. 

,  Regi$Ur. 

Note.— TIic  wonl  "heirs"  is  •ulMtltut«<l  in  this  fi.rm  for  the  word  "SMignM,"  the  Secretary  uf  \\w  Interior 
having  tleclined  to  rcrognir.e  tlio  aMigntnent  of  desert  laud  chiiius. 


88 

[No.  54.  J 
FINAL  PROOF  UNDER  THE  DESERT  LAND  ACT  OF  MARCH  3,  1877. 

DEPOSITION  OF  APPLICANT. 

Ques.  1.  State  your  name,  age,  occupation,  and  residence. 

Ans.  . 

Ques.  2.  Are  you  a  citizen  of  the  United  States,  or,  if  not,  have  you  declared  your  intention 
to  become  such  ? 

(If  not  native  born,  proof-record  must  be  furnished.) 

Ans.  . 

Ques.  3.  If  you  have  heretofore  made  a  desert  land  entry,  give  the  number  and  date  thereof, 
and  describe  the  land  embraced  therein. 

Ans.  . 

Ques.  4.  Have  you  conducted  water  upon  the  land  embraced  in  said  entry,  and  irrigated 
the  same,  and  reclaimed  it  from  its  former  desert  character,  to  such  an  extent  that  it  will  now 
produce  an  agricultural  crop  ? 

Ans.  . 

Ques.  5.  What  crops  have  you  raised  upon  said  land  in  each  and  every  year  since  your  first 
entry  thereon  under  jour  declaration  No. 1 

Ans.  . 

Ques.  6.  How  many  acres  have  been  sown  or  planted  in  each  year,  in  what  crops,  and  upon 
what  portion  or  subdivision  of  the  land,  and  what  amount  of  such  crops  has  been  actually 
produced  ? 

Ans.  . 

Ques.  7.  What  crops,  if  any,  had  been  grown  upon  the  land,  or  upon  any  portion  thereof, 
and,  if  any,  upon  what  portion,  previous  to  your  entry  thereon  ? 

Ans.  . 

Ques.  8.  Would  the  land,  or  any  portion  of  it,  by  cultivation  without  irrigation,  have  pro- 
duced any  agricultural  crop  whatever,  and,  if  so,  what  crop  ? 

Ans.  , 

Ques.  9.  Was  there  any  natural  water  supply  upon  such  land  sufficient  to  fertilize  or  irrigate 
the  whole  or  any  portion  thereof,  and,  if  so,  what  portion  ?     State  fully. 

Ans.  . 

Ques.  10.  Has  the  amount  of  water  conveyed  upon  the  land  in  any  one  season  been  suffi- 
cient to  so  irrigate  the  entire  tract  as  to  render  the  same  productive,  and,  if  so,  what  crop  or 
crops  would  such  irrigation  produce  ? 

Ans.  . 

Ques.  11.  Has  the  whole  tract  been  irrigated  and  cultivated  by  you  in  any  one  season  ? 

Ans.  . 

Ques.  12.  Has  each  smallest  legal  subdivision  or  portion  of  less  than  forty  acres  been  irri- 
gated or  cultivated  either  during  one  season  or  diiFerent  seasons  since  the  date  of  your  entry? 

Ans.  . 

Ques.  13.  How  much  water  per  acre  has  been  conducted  upon  the  land,  or  upon  any  por- 
tion under  cultivation  in  any  one  season;  for  how  long  a  time  was  it  so  conducted  upon  the 
land,  and  at  what  times  or  seasons  '?     State  fully. 

Ans.  . 

Ques.  14.  In  what  manner  was  such  water  conveyed  upon  the  land,  whether  by  pipes  or 
ditches,  and  how  was  it  distributed  over  and  through  the  soil  ?  State  particularly  and  in 
detail,  and  describe  the  ditches  as  to  their  width,  depth,  direction  thiough  or  around  the  land, 
and  give  the  length  of  each. 

Ans.  . 

Ques.  15.  Have  you  at  this  time  the  right  and  proprietorship  of  water  sufficient  and  avail- 
able to  continue  the  irrigation  of  this  tract  and  make  perpetual  reclamation  of  the  land,  and  is 
it  your  purpose  so  to  continue  its  use  upon  this  land,  and  for  the  purposes  of  such  reclama- 
tion ? 

Ans.  , 


89 

Quee.  16.  How  was  such  right  or  proprietorship  obtained,  and  bj  what  t«uur»  do  you  wow 

hold  the  same  ?   ■ 

(Duly  verified  abstract  of  title  must  be  furnished.) 

Ans.  . 

Ques.  17.  Have  you  the  sole  and  entire  interest  in  said  entry,  an<l  iu  the  tract  covered 
thereby,  and  the  water  appropriated  to  irrigate  the  same  ? 

Ans.  . 

Ques.  18.  Has  any  other  person,  inflividual,  or  company  of  individuals  any  interest  what- 
ever in  said  entry,  tract,  or  water  appropriation?  If  so,  give  the  name,  residence,  and  occu- 
pation of  each  such  person,  and  the  nature,  amount,  and  extent  of  sucli  interest. 

Ans.  . 

Ques.  19.  Have  you  made  or  become  the  assignee  of  any  other  entry,  or  have  you  any 
interest,  direct  or  indirect,  in  any  other  entry  under  the  desert  land  act  ? 

Ans.  . 

{Signature.) . 

I  HEREBY  CERTIFY  that  each  question  and  answer  in  the  foregoing  depo!<ition  was  reml 

to  the  applicant  before signed name  thereto,  and  that  the  same  was  subscribed  and 

sworn  to  before  me  this day  of ,  18 — . 

,  BetjitUr, 

,  Receiver. 

Note.— The  officer  before  whom  the  deposition  is  taken  should  call  the  attention  of  the  witnew  to  the  fol- 
lowing section  of  the  Revised  Statutes,  and  state  to  him  that  it  is  the  purpose  of  the  Government,  If  it  he  ainei • 
tained  that  he  testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law : 

Title  ixx— CRIMES.— Gh.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent  tribunal,  officer,  or  person.  I 
case  in  which  a  law  of  the  United  States  authorizes  an  oath  to  be  administered,  that  he  will  testify,  >l 
depose,  or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by  him  mibs<.i  .U  : 
is  true,  willfully  and  contrary  to  such  oath  states  or  subscribes  any  material  matter  which  he  dow  not  belivve 
to  be  true,  is  guilty  of  perjury,  and  shall  be  punished  by  a  fine  of  not  more  than  two  thousand  dollars,  and  by 
imprisonment,  at  hard  lalx)r,  not  more  than  five  years,  and  shall,  moreover,  thereafter,  bo  incapable  of  giving 
testimony  in  any  court  of  the  United  States  until  such  time  as  the  judgment  against  him  is  reverted.  [Sw 
sec.  1750.] 


[No.  55.] 

[  The  deposition  of  two  witnesses,  in  this  form,  taken  separately,  re^iulred  iu  each  cm*.] 

FINAL  PROOF  UNDER  THE  DESERT  LAND  ACT  OF  MARCH  3,  1877. 

DEPOSITION  OF  WITNESS. 

Ques.  1.  State  your  name,  age,  residence,  and  occupation. 

Ans.  . 

Ques.  2.  Are  you  acquainted  with ,  who  made  desert  laud  entry  No. 

the day  of ,  A.  D.  18 — ,  upon  the ? 

Ans.  . 

Ques.  3.  How  long  have  you  known  the  party  who  made  tliis  entry  f 

Ans,  . 

Ques.  4.  Have  you  personal  knowledge  of  this  land  f 

Ans.  . 

Ques.  5.  Has  water  been  conducted  upon  the  land  embracetl  in  said  entry  so  as  to  irr{gai*> 
ajid  reclaim  the  same  from  its  former  desert  condition  to  such  extent  that  ihe  sftuiv  will  pro- 
duce an  agricultural  crop  ? 

Ans.  . 

Ques.  6.  What  crops  have  been  raised  upon  said  land  in  each  and  every  yew  sine*  Its  first 
entry  by ,  under  declaration  No. ,  and  by  whom  ? 

Ans.  . 

Ques.  7.  How  many  acres  have  been  sown  or  planted  in  each  year,  in  what  cmpK.  and  'i|H.,i 
what  portion  or  subdivision  of  the  land, and  what  amount  of  cropi'have  bt^.n  pro.luo«l  iImm.  .  j. 
and  by  whom  f 

Ans.  . 


90 

Ques.  8.  What  crops,  if  any,  had  been  grown  upon  the  land  or  upon  any  portion  thereof, 
previous  to  the  entry  of thereon? 

Ans.  . 

Ques.  9.  Would  the  land,  or  any  portion  of  it,  by  cultivation  without  irrigation  have  pro- 
duced any  agricultural  crop  whatever,  and  if  so,  what  crop  ? 

Ans.  . 

Ques.  10.  Was  there  any  natural  water  supply  upon  such  land  suflScient  to  fertilize  or  irri- 
gatQ  the  whole,  or  any  portion  thereof,  and  if  so,  whafportion  ?    State  fully. 

Ans.  — '■ — . 

Ques.  11.  Has  the  amount  of  water  conveyed  upon  said  land  by in  any  one 

season  been  sufficient  to  so  irrigate  the  entire  tract  as  to  render  the  same  productive,  and  if 
80,  what  crop  or  crops  would  such  irrigation  produce? 

Ans.  . 

Ques.  12.  Has  the  whole  tract  been  irrigated  and  cultivated  by iu  any  one 

season  ? 

Ans.  . 

Ques.  13.  Has  each  smallest  legal  subdivision  or  portion  of  less  than  forty  acres  been  irri- 
gated or  cultivated  either  during  one  season  or  different  seasons  since  the  date  of  entry  T 

Ans.  . 

Ques.  14.  How  much  water  per  acre  has  been  conducted  upon  the  land,  or  upon  any  portion 
under  cultivation  in  any  one  season ;  for  how  long  a  time  was  it  so  conducted  upon  the  land, 
and  at  what  times  or  seasons?    State  fully. 

Ans.  . 

Ques.  15.  In  what  manner  was  such  water  conveyed  u|)on  the  land,  whether  by  pipes  or 
ditches,  and  how  was  it  distributed  over  and  through  the  soil  ?  State  particularly  and  in 
detail,  and  describe  the  ditches  as  to  their  width,  depth,  direction  through  or  around  the  tract, 
and  give  the  length  of  each. 

Ans.  . 

Ques.  16.  Has at  this  time  the  right  and  proprietorship  of  water  sufficient 

and  available  to  continue  the  irrigation  of  this  tract  and  make  perpetual  reclamation  of  the 
land  ? 

Ans.  . 

Ques.  17.  How  did  you  become  acquainted  with  the  facts  relative  to  the  irrigation  of  said 
land? 

Ans.  . 

Ques.  18.  Have  you  any  interest,  direct  or  indirect,  in  this  entry,  in  the  land  covered  thereby, 
or  in  the  water  supply  used  in  its  irrigation  ? 

Ans.  . 

{Signature.) . 

I  HEREBY  CERTIFY  that  witness  is  a  person  of  respectability ;  that  each  question  and 

answer  in  the  foregoing  testimony  was  read  to before signed name  thereto, 

and  that  the  same  was  subscribed  and  sworn  to  befoi'e  me  this day  of ,  18 — . 

,  Begister. 

,  Beceiver. 

Note. — The  oflScer  before  whom  the  deposition  is  taken  should  call  the  attention  of  the  \\itne88  to  the  follow- 
ing section  of  the  Revised  Statutes,  and  state  to  him  that  it  is  the  pui-pose  of  the  Government,  if  it  be  ascertained 
that  he  testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law : 

Title  lxx.— CRIMES.— Ch.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  before  a  competent  tribunal,  officer,  or  person,  in  any 
case  in  which  a  law  of  the  United  States  authorizes  an  oath  to  be  administered,  that  he  will  testify,  declare, 
depose,  or  certify  truly,  or  that  any  written  testimony,  declaration,  deposition,  or  certificate  by  him  subscribed 
is  true,  willfully  and  contrary  to  such  oath  states  or  subscribes  any  material  matter  which  he  does  not  believe 
to  be  true,  is  guilty  of  perjury,  and  shall  be  punished  by  a  fine  of  not  more  than  two  thousand  dollars,  and  by 
imprisonment,  at  hard  labor,  hot  more  than  five  years,  "and  shall,  moreover,  thereafter,  be  incapable  of  giving 
testimony  in  any  court  of  the  United  States  until  such  time  as  the  judgment  against  him  is  reversed.  [See 
sec.  1750.] 


91 

[No.  56.] 
DESERT  LAND— ACT  OF  MARCH  3,  1877. 

Receiver's  Final  Receipt,  No. .  Declaration  No. 

Laxd  Office  at 


(Date) ,  18—. 

Received  from ,  of county, ,  the  sum  of dollars  and cent*, 

being  final  payment  of  one  dollar  per  acre  for  the containing acres,  at  one  dollar 

and  twenty-five  cents  per  acre,  the  sum  of  twenty-five  cents  per  acre  having  been  heretofore 

paid,  as  per  original  receipt  No. . 

,  Receiver. 


[No.  57.] 
DESERT  LAND-ACT  OF  MARCH  3,  1877. 

Register's  Final  Certificate  No. .  Declaration  No, 

Laxd  Office  at 


{DaU) ,  18—. 

It  is  hereby  certified  that,  in  pursuance  of  the  act  of  Congi-ess  approved  March  3, 
1877,  entitled  "An  Act  to  provide  for  the  sale  of  desert  lands  in  certain  States  and  Terri- 
tories,"   ,  of county,  State  or  Territory  of ,  has  purchased  of  the  regis- 
ter of  this  oflSce,  and  made  payment  in  full  for  the  land  described  as  follows,  to  wit :  , 

containing acres,  at  the  rate  of  one  dollar  and  twenty-five  cents  per  acre,  amounting  to 

dollars. 

Now,  therefore,  be  it  known,  that  on  presentation  of  this  certificate  to  the  Commissioner  of 

the  General  Land  Office  the  said shall  be  entitled  to  receive  a  patent  for  tlie 

tract  of  land  above  described. 

,  Register. 

[Note.— See  original  declfiration  and  receipt,  No.  — .] 


[No.  58.] 
SWORN  STATEMENT  UNDER  ACT  OF  JUNE  3,  1878. 

Land  Office  at 


(Date) ,  18-. 

I, ,  of county, ,  desiring  to  avail  myself  of  the  pravioions  of  the  act 

of  Congress  of  June  3,  1878,  entitled  "An  Act  for  the  sale  of  timber  lands  in  the  States  of 

California,  Oregon,  Nevada,  and  in  Washington  Territory,"  for  the  puix:hase  of  tlie of 

section ,  township ,  of  range  : ,  do  solemnly tliat  I  * ;  that  the  said  land 

is  unfit  for  cultivation,  and  valuable  chiefly  for  its ;  tliat  it.  is  uninhaltited  ;  that  It  con- 
tains no  mining  or  other  improvements ;  nor,  as  I  verily  believe,  any  Vhhiable  de|>o«it  of 

gold,  silver,  cinnabar,  copper,  or  coal ;  that  I  have  made  no  other  application  under  said  act ; 
that  I  do  not  apply  to  ])urcha8e  the  land  above  describe<l  on  s)>eculation,  but  in  go<Mi  faith  to 
appropriate  it  to  my  own  exclusive  use  and  benefit ;  and  tliat  I  have  not,  directly  or  indin«cilr, 
made  any  agreement  or  contract,  in  any  way  or  manner,  with  any  person  or  |>ersons  whom- 
*<oever,  by  which  the  title  which  I  may  acquire  from  the  Government  of  the  United  8t«tfls 
may  inure  in  whole  or  in  part  to  the  benefit  of  any  person  except  niy*elf. 


Swom  to  and  subscribed  before  me  this <l«y  of ,  18 — . 


*  In  case  the  party  Ium  been  nataraliaed,  or  luw  d«ckur*d  his  intoatton  to  becooM  a  eHtSM,  a  certUM  oo|qr 
of  his  certificate  of  naturalization  or  decUnttion  of  intention,  aa  the  ease  maj  ^  Bmal  be  AtmWied. 


92 

[Xo.  59.] 
( The  testimony  of  two  witoesees,  in  this  form,  taken  separately,  required  in  each  case.) 

TESTIMONY  OF  WITNESS  UNDER  ACT  OF  JUNE  3,  1878. 
,  being  called  as  a  witness  in  support  of  the  application  of to 


purchase  the of  section ,  township ,  of  range ,  testifies  as  follows  : 

Ques.  1.  What  is  your  post-office  address,  and  where  do  you  reside! 

An:^.  . 

.  Ques.  2.  What  is  your  occupation  t 

Ans.  . 

Qies.  3.  Are  you  acquainted  with  the  land  above  described  by  personal  inspection  of  each 
of  its  smallest  legal  subdivisions  ? 

Ans.  . 

Ques.  4.  When  and  in  what  manner  was  such  inspection  made  ? 

Ans.  .  . 

Ques.  5.  Is  it  occupied ;  or  are  there  any  improvements  on  it  not  made  for  ditch  or  canal 
purposes,  or  which  were  not  made  by,  or  do  not  belong  to,  the  said  applicant  ? 

Ans.  . 

Ques.  6.  Is  it  fit  for  cultivation  t 

Ans.  . 

Ques.  7.  What  causes  render  it  unfit  for  cultivation  ? 

Ans.  . 

Ques.  8.  Are  tliere  any  salines,  or  indications  of  deposits  of  gold,  silver,  cinnabar,  copper, 
or  coal  on  this  land  ?  If  so,  state  what  they  are,  and  whether  the  springs  or  mineral  deposits 
are  valuable. 

Ans.  . 

Ques.  9.  Is  the  land  more  valuable  for  mineral  or  any  other  purposes  than  for  the  timber 
or  stone  tliereon,  or  is  it  chiefly  valuable  for  timber  or  stone  t 

Ans.  . 

Ques.  10.  From  what  facts  do  you  conclude  that  the  land  is  chiefly  valuable  for  timber  or 
stone  f 

Ans.  . 

Ques.  11.  Do  you  know  whether  the  applicant  has  directly  or  indirectly  made  any  agree- 
ment or  contract,  in  any  way  or  manner,  with  any  person  whomsoever,  by  which  the  title 
which  he  may  acquire  from  the  Government  of  the  United  States  may  inure,  in  whole  or  in 
part,  to  the  benefit  of  any  person  except  himself? 

Ans.  . 

Ques.  12.  Are  you  in  any  way  interested  in  this  application,  or  in  the  lands  above  described, 
or  the  timber  or  stone,  salines,  mines,  or  improvements  of  any  description  whatever  thereon  t 

Ans.  . 


I  HEREBY  CERTIFY  that  witness  is  a  person  of  respectability;  that  each  question  and 

answer  in  tiie  foregoing  testimony  was  read  to before signed name  thereto, 

and  that  the  same  was  subscribed  and  sworn  to  before  me  this day  of ,  18 — . 


Note. — The  officer  before  Mhom  the  testimony  is  taken  should  call  the  attention  of  the  witness  to  the  fol- 
lowing section  of  the  Revised  Statutes,  and  state  to  him  that  it  is  the  purpose  of  the  Goyernmeni,  if  it  he  ascer- 
tained that  he  testifies  falsely,  to  prosecute  him  to  the  full  extent  of  the  law: 

Title  lxx.— CRIMES.— Cn.  4. 

Sec.  5392.  Every  person  who,  having  taken  an  oath  lefoie  a  competent  tribunal,  officer,  or  person  in  any 
case  in  which  a  law  of  the  United  States  aiithorizes  an  oath  to  be  administered,  that  he  will  testify,  declare, 
depose,  or  certify  truly,  or  that  any  written  testimony,  declaration,  dejiosition,  or  certiiicate  by  him  subscribed 
is  true,  willfully  and  contraiy  to  such  oath  states  and  subscribes  any  material  matter  which  he  does  not  believe 
to  be  true,  is  guilty  of  perjury,  and  shall  be  jiunished  by  a  tine  of  not  more  than  two  thousand  dollars,  and  by 
imprisonment,  at  hard  labor,  not  more  than  five  years,  aud  shall,  moreover,  thereafter,  be  incapable  of  giving 
testimony  in  any  court  of  the  United  States  until  such  time  as  the  judgment  against  him  is  reversed.  [See 
sec.  1750.] 


93 


UNITED  STATES  LAND  OFFICES. 


Alabama. 

Dakota  Ter. 

Michigan. 

Nebraska— Cont'd. 

Huntsville. 

Sioux  Falls. 

Detroit. 

Grand  Island. 

Montgomerv. 

Springfield. 

i 

East  Saginaw. 

North  Platle. 

Arkansas. 

Fargo. 

Reed  City. 

■       Bloomington. 

Little  Rock. 
Camden. 

Yankton. 
Bismarck. 

t 

Marquette. 

Minnesota. 

Nevada. 
Carson  City. 
Eureka. 

Harrison. 

Deadwood. 

1      Taylor's  Falls. 

j  New  Mexico  Ter. 

Dardanelle. 
Arizona  Ter. 

Prescott. 

i  Florida. 

Gainesville. 

Saint  Cloud. 
Du  Luth. 
1       Fergus  Falls. 

Santa  Fe. 
La  Mesillu. 
j  Oregon. 

Florence. 

Idaho  Ter. 

1 

!       Worthi;jgton. 

Oregon  City. 

California. 
San  Francisco. 

Bois6  City. 
Lewiston. 

New  Ulni. 
Benson. 

Rosebuig. 
Le  Grand. 
Lakeview. 

Marys  ville. 

Oxford. 

i      Crookston. 

The  Dalle*.. 

Humboldt. 

Stockton. 

Visalia. 

Iowa. 

Des  Moines. 

!      Redwood  Falls. 
Mississippi. 

[      Jackson. 

Utah  Ter. 

Salt  Lake  City. 
Washington  Tkr. 

Sacramento. 

Kansas. 

Missouri. 

Olympia. 

Los  Angeles. 
Shasta. 
Susan  ville. 
Bodie. 

Topeka. 
{       Salina. 

Independence. 
Wichita. 

j      Boonville. 
'      Irouton. 

Springfield. 
j  Montana  Tkr. 

Vancouver. 
Walla  Walla, 
Colfax. 

WiSCONSI.N. 
Mena»ha. 

Colorado. 

Kirwin. 

1      Hel«*na. 

Falls  of  Si.  Croix. 

Denver  City. 

Concordia. 

1      Bozenian. 

Wausau. 

Leadville. 

Larned. 

Nebraska. 

I..aCnMM. 

Ceniral  City. 
Pueblo. 

Wa-Keeney. 
Louisiana. 

Norfolk. 
Bt-atrice. 

Bayfield. 
Eau  Claiiv 
Wyoming  Tkr. 

Del  Norte. 

New  Orleans. 

Lincoln. 

Chey«'nue. 

Lake  City. 

1      Natchitoches. 

1                                       1 

Niobrara. 

Evanttun. 

NoTB.-By  act  of  Julv  M,  1S7«,  the  lau.l^fflc.«.  In  Ohio.  In-lUn^  and  Illlool.  wr.  •^"^  ?t.L^ 
March  3,  1877,  the  vacant  tract,  uf  ,.ul.Uc  hu..i  in  Ohio.  IndUn*,  a«.l  IlllaoU  ar.  -•*•  «»^  lu  «ltt7  al- 
location at  the  General  Land  Office,  Wa«hington.  P.  C.    (.«*o«  BcguUtiou^  on  l«ff»  »  mnd  ».) 


( 


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